Allowed

Sharda Nand and Ors. v. Govt. of NCT of Delhi and Ors.

Delhi HC12 Jul 2016W.P.(C)/8214/2015

Case brief

AI extract

What is this about?

Petitioners challenged acquisition proceedings under the 1894 Act seeking a declaration that such proceedings lapsed under Section 24(2) of the 2013 Act due to an award made over five years ago without payment of compensation.

What did the court decide?

Declaration that the acquisition proceedings initiated under the 1894 Act in respect of the subject land are deemed to have lapsed.

Sharda Nand and Ors. Vs Govt. of NCT of Delhi and Ors. — Land Acquisition | Delhi HC (2016)

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$~52

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

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% Judgment delivered on: 12.07.2016

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W.P.(C) 8214/2015 & CM 17217/2015

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SHARDA NAND AND ORS. .... Petitioners

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versus

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GOVT. OF NCT OF DELHI AND ORS. ..... Respondents

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Advocates who appeared in this case:

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For the Petitioners : Ms. Richa Oberoi For the Respondent L&B/LAC : Mr Siddharth Panda with Ms Jyoti Tyagi For the Respondent DDA : Mr Pawan Mathur

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CORAM:-

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HON’BLE MR JUSTICE BADAR DURREZ AHMED HON’BLE MR JUSTICE ASHUTOSH KUMAR JUDGMENT

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BADAR DURREZ AHMED, J (ORAL)

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The petitioners seek the benefit of Section 24(2) of the Right to

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Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the 2013 Act’)

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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

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Award No.13/2005-06 dated 29.07.2005 was made, inter alia , in respect

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of the petitioners’ land comprised in Khasra Nos. 22/18/1 (2-07), 22/19/1

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Page 1 of 3

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W.P.(C) No. 8214/2015

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(2-0), 22/9 (4-16), 22/17 (4-16) and 22/18/2 (2-07) measuring 16 bighas 6 biswas in all in village Begumpur, New Delhi, shall be deemed to have lapsed.

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The learned counsel for the respondents state that possession of the entire land except khasra no. 22//17 (4-16) was taken on 27.02.2006. The petitioners claim that the entire possession is with them. However, insofar as the issue of compensation is concerned, it is an admitted

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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

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following cases stand satisfied:-

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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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Page 2 of 3

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W.P.(C) No. 8214/2015

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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.
BADAR DURREZ AHMED, J
JULY 12, 2016 ASHUTOSH KUMAR, J
kb

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Page 3 of 3

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W.P.(C) No. 8214/2015

Sharda Nand and Ors. v. Govt. of NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Sharda Nand and Ors. v. Govt. of NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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