LAWS(DLH)-2019-3-131

RAVINDER Vs. UNION OF INDIA AND ORS

Decided On March 25, 2019
RAVINDER Appellant
V/S
Union of India And Ors Respondents

JUDGEMENT

(1.) In all these petitions, the facts more or less are similar and the reliefs sought are almost identical. They are accordingly being disposed of by this common order. Nevertheless, each of the petitions was heard separately.

(2.) In each of these petitions, the main relief sought is for a declaration of deemed lapsing of the land acquisition proceedings under Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("the 2013 Act"). The declaration is sought in respect of land situated in the Revenue Estate of Village Barwala in Delhi. The acquisition is by means of notification dated 21st March 2003 issued under Section 4 of the Land Acquisition Act, 1894 (LAA) followed by a declaration dated 19th March 2004 under Section 6 LAA and an Award No. 12/2005-06 dated 5th August 2005. The public purpose of the acquisition was for the Rohini Residential Scheme. The only difference in the petitions is as regards the khasra Nos. and the extent of land.

(3.) Two facts are admitted by the Petitioners in these petitions. One is that each of them has received compensation in terms of the land acquisition Award. Second, that the same land acquisition proceedings in respect of lands in the Revenue Estate of Village Barwala, were challenged in an earlier round of litigation by way of a batch of writ petitions where the lead matter was W.P. (C) 2501/2013 (Naresh Kumar & Ors. v. Union of India), By a detailed judgment dated 17th April 2013, a Division Bench (DB) of this Court dismissed the writ petition inter alia holding as under: