LALIT KAPUR Vs. UNION OF INDIA AND ANR

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India whereby the petitioner seeks a declaration that the acquisition proceedings with respect to the land of the petitioner falling in khasra No. 521/1 Min measuring 14 biswas situated in the Revenue Estate of Village Kilokari, New Delhi (hereinafter referred to as the 'subject land') are deemed to have lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as '2013 Act') as the compensation has not been tendered.

(2.) Learned counsel for the petitioner submits that the decision of the Constitution Bench would have no impact on the facts of the present case as the stand of the LAC is that compensation has not been tendered.

(3.) In the present case, a notification under Section 4 of the Land Acquisition Act was issued on 206.1989 and Section 6 declaration was made on 22.06.1990. Thereafter, an award bearing No. 14/92-93 was rendered on 19.06.1992. Admittedly the possession of the subject land was taken on 27.12.1990. It is the case of the petitioner that no compensation has been tendered.