JAGJEET SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner has filed the present petition under Article 226 of the Constitution of India, seeking declaration to the effect that the acquisition proceedings in respect to land of the petitioner comprised in Khasra No. 820 min (0-8), 816 min (1-17) and 821 min (2-12), situated at Village- Satbari, (Ansal Villas), Mehrauli, New Delhi-110030 i.e. total area of 4 Bigha 17 Biswa (hereinafter "the subject land"), acquired vide Award bearing No. 14/1987-88 dated 26th May 1987, are deemed to have lapsed 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").

(2.) Though the Petitioner is not the recorded owner, he claims ownership over the subject land by virtue of a General Power of Attorney (GPA) dated 04th November 2016 and a registered Will of same date. It is averred that the Petitioner is the sole and absolute owner of the subject land and is in actual physical possession of the subject land thereof on the basis of the aforementioned documents. Petitioner has based its challenge to the acquisition proceedings on the ground that authorities have failed to take possession of the subject land and that he continues to be in possession till date. It is also claimed that neither the Petitioner nor the erstwhile recorded owners of the subject land have been paid compensation despite the erstwhile recorded owners having filed their claims.

(3.) In the present case, the notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter 'the LAA'), was issued on 25th November 1980 and declaration under Section 6 of the LAA on 25 th May 1985. Subsequently, an Award dated 26th May 1987, bearing no. 14/1987-88 was passed in respect of the land situated in revenue estate of Village- Satbari, (Ansal Villas), Mehrauli, New Delhi-110030.