AZHAR AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings are liable to lapse with respect to the land of the petitioner measuring 1 Bigha 8 Biswas forming part of Khasra No. 57 situated in the revenue estate of Village Behlolpur Khader, Tehsil Mehrauli, New Delhi. (hereinafter referred to as 'Subject Land') 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'), the compensation has been paid to the petitioner.

(2.) In this case, a notification under Section 4 of the Land Acquisition Act, 1894 was issued on 23.06.1989 followed by a declaration under Section 6 of the said Act on 22.06.1990 and an award bearing No. 15/1992-93 in respect of the subject land was rendered in the year 1992-1993. The possession of the subject land was taken over by the respondents in the year 2008.

(3.) Learned counsel for the petitioner submits that the case of the petitioner is fully covered by the decision rendered by the Apex Court in Pune Municipal Corporation &Anr. V. Harak Chand Misiri Mal Solanki &Ors, 2014 3 SCC 183 as compensation has not been paid to the petitioner.