Allowed

Shri Sher Singh & Ors. v. Union of India & Ors.

Delhi HC4 Aug 2015W.P.(C)/164/2015

Case brief

AI extract

What is this about?

This judgment declares that acquisition proceedings initiated under the Land Acquisition Act, 1894, regarding the petitioners' land in village Karala are deemed to have lapsed. The court held that the 2006 Award was made more than five years prior to the 2013 Act's commencement and compensation remained unpaid, satisfying the conditions for lapse.

What did the court decide?

Declaration that the acquisition proceedings under the 1894 Act regarding the petitioners' land are deemed to have lapsed.

Shri Sher Singh & Ors. Vs Union of India & Ors. — Land Acquisition | Delhi HC (2015)

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$~12

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*** IN THE HIGH COURT OF DELHI AT NEW DELHI**

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% Judgment delivered on: 04.08.2015

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- W.P.(C) 164/2015 & CM 270/2015

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SHRI SHER SINGH & ORS .... Petitioners

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versus

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UNION OF INDIA & ORS ..... Respondents

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Advocates who appeared in this case:

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For the Petitioners : Mr Raghuvinder Varma For the Respondent LAC/L&B : Mr Yeeshu Jain with Ms Jyoti Tyagi For the Respondent/DDA : Mr Sanjeev Sabharwal.

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CORAM:-

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HON’BLE MR JUSTICE BADAR DURREZ AHMED HON’BLE MR JUSTICE SANJEEV SACHDEVA

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JUDGMENT

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BADAR DURREZ AHMED, J (ORAL)

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Mr Yeeshu Jain, the learned counsel for respondent Nos.4 & 5 has

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handed over the counter-affidavit. The same is taken on record. The

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learned counsel for the petitioners does not wish to file any

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rejoinder-affidavit as all the necessary averments are contained in the writ petition.

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The petitioners seek the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the 2013 Act’)

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W.P.(C) No.164/2015

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Page 1 of 3

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which came into effect on 01.01.2014. A declaration is sought to the effect that the acquisition proceeding initiated under the Land Acquisition

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Act, 1894 (hereinafter referred to as ‘the 1894 Act’) in respect of which Award No.22/2005-06 dated 02.01.2006 was made, inter alia , in respect

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of the petitioners’ land comprised in khasra Nos. 54//18/2 (1-16), 19 (4-16), 20 (4-12), 21 (4-12), 22 (4-16), 23 (4-16) measuring 25 bighas

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8 biswas in all in village Karala, shall be deemed to have lapsed.

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Though the respondents claim that part possession of the said land

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was taken on 23.02.2007, the petitioners dispute this and maintain that physical possession of the entire land is with them. However, insofar as the issue of compensation is concerned, it is an admitted position that it has not been paid.

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Without going into the controversy of physical possession, this

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much is clear that the Award was made more than five years prior to the commencement of the 2013 Act and the compensation has also not been paid. The necessary ingredients for the application of Section 24(2) of the 2013 Act as interpreted by the Supreme Court and this Court in the following cases stand satisfied:-

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W.P.(C) No.164/2015

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Page 2 of 3

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(1) Pune Municipal Corporation and Anr v. Harakchand Misirimal Solanki and Ors : (2014) 3 SCC 183 ;

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(2) Union of India and Ors v. Shiv Raj and Ors : (2014) 6 SCC 564 ;

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(3) Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors : Civil Appeal No. 8700/2013 decided on 10.09.2014;

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(4) Surender Singh v. Union of India & Others: WP(C) 2294/2014 decided on 12.09.2014 by this Court; and

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(5) Girish Chhabra v. Lt. Governor of Delhi and Ors : WP(C) 2759/2014 decided on 12.09.2014 by this Court.

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As a result, the petitioners are entitled to a declaration that the said acquisition proceedings initiated under the 1894 Act in respect of the subject land are deemed to have lapsed. It is so declared.

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The writ petition is allowed to the aforesaid extent. There shall be no order as to costs.

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BADAR DURREZ AHMED, J

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AUGUST 04, 2015 SANJEEV SACHDEVA, J ‘sn’

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W.P.(C) No.164/2015

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Page 3 of 3

Shri Sher Singh & Ors. v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Shri Sher Singh & Ors. v. Union of India & Ors.

Case brief

What is this about?

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