Partly allowed

Unique Wood Product and Ors. v. Union of India and Ors.

Delhi HC9 Feb 2016W.P.(C)/7749/2015

Case brief

AI extract

What is this about?

The Court declared that acquisition proceedings under the 1894 Act concerning petitioners' land in Delhi, for which compensation under the 2013 Act had not been paid, are deemed to have lapsed under Section 24(2) of the Land Acquisition Act, 2013.

What did the court decide?

A declaration that the acquisition proceedings initiated under the 1894 Act in respect of the petitioners' land are deemed to have lapsed.

Unique Wood Product and Ors. Vs Union of India and Ors. — Land Acquisition | Delhi HC (2016)

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$~53

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

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% Judgment delivered on: 09.02.2016

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WP(C) No. 7749/2015 and CM 15256/2015

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UNIQUE WOOD PRODUCT & 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: For the Petitioner : Mr Y.R. Sharma, Advocate. For the Respondents : Mr Yeeshu Jain with Mr Jyoti Tyagi, Advocates for L&B/LAC

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Ms Mrinalini Sen Gupta and Ms Krinmoi Chatterjee, Advocates for DDA

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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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The counter affidavits handed over on behalf of respondent Nos.2

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& and 3 are taken on record. The learned counsel for the petitioners does

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not wish to file any rejoinder affidavit inasmuch as all the necessary averments are contained in the writ petition which he reiterates.

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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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Page 1 of 3

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W.P.(C) No. 7749/2015

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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 Act, 1894 (hereinafter referred to as ‘the 1894 Act’) in respect of which Award No. 20/2005-06 dated 28.11.2005 was made, inter alia , in respect

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of the petitioners’ land comprised in Khasra No. 7//12/2 min (0-04), 7//13/2 min (1-00) and 7//14/1/2 min (0-04), measuring 1 bigha and 8 biswas in all in village Mohammed Pur Majari shall be deemed to have

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lapsed.

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It is an admitted case that possession in respect of Khasra Nos. 7//13/2 min and 7//14/1/2 min has not been taken and is with the petitioner. In so far as Khasra No. 7//12/2 min is concerned, it is admitted that possession thereof was taken by the land acquiring agency on 12.02.2013.

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Compensation has, admittedly, not been paid to the petitioners in respect of any of the Khasra numbers referred to above. The award was made more than 5 years prior to the commencement of the 2013 Act and

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although physical possession of a small part of the land was taken by the respondents, compensation in respect of the entire land has not been paid to the petitioners. That being the case, the provisions of Section 24(2) of

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Page 2 of 3

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W.P.(C) No. 7749/2015

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the 2013 Act clearly apply in the light of the various decisions rendered

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by the Supreme Court and this Court in:

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