RAM DHRUV & ORS Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) Petitioners have filed the present petition under Article 226 of the Constitution of India, seeking declaration under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter as "the 2013 Act") that, the acquisition proceedings in respect to land of the petitioners comprised in Khasra Nos. 636, 628/2, 634/2, 624, 625, 632 situated in the revenue estate of Village Roshanpura, (hereinafter "the subject land"), acquired vide Award bearing No. 08/2008-09/SW dated 14th November 2008, are deemed to have lapsed.

(2.) The subject land was acquired for the purpose of Construction of 100 Mtr. Road under Planned Development of Delhi. The notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter 'the LAA'), was issued on 7th April 2006 and declaration under Section 6 of the LAA on 4th April 2007. Subsequently, an Award dated 14th November 2008, bearing no. 08/2008- 09/SW was passed in respect of the land situated in revenue estate of Village Roshanpura, Delhi.

(3.) Petitioners have based their challenge to the acquisition proceedings under Section 24 (2) of the Act on the ground that even after expiry of five years since the date of passing of the Award, the authorities have failed to take possession of the subject land and they continue to be in possession till date. Moreover, neither the Petitioners nor the recorded land owners of the subject land have been paid compensation.