VEER WATI Vs. LAND ACQUISITION COLLECTOR & ANR

JUDGEMENT

(1.) This is a petition under Article 226 of Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to land bearing Khasra No.47, situated in the revenue estate of village Kotla, New Delhi (hereinafter referred as the 'subject land') stands 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 admittedly neither compensation has been paid to the petitioner nor possession has been taken.

(2.) In this case, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'Act') was issued on 13.11.1959 and a declaration under Section 6 was made on 20.06.1966. Thereafter, an award bearing no.19/1976-1977 was passed on 05.01.1977.

(3.) The counsel for the petitioner submits that since the compensation in respect of the subject land has not been paid, the petitioner would thus be entitled to a declaration under Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the New Act').