Allowed

Rajesh v. Govt. of N.C.T. of Delhi and Anr.

Delhi HC29 Feb 2016W.P.(C)/8472/2015

Case brief

AI extract

What is this about?

This High Court of Delhi judgment declares that acquisition proceedings initiated under the 1894 Act, with an award made over five years before the 2013 Act commenced and involving no possession or compensation, are deemed to have lapsed under Section 24(2) of the 2013 Act.

What did the court decide?

Declaration that the acquisition proceedings under the 1894 Act in respect of the petitioner's land are deemed to have lapsed under Section 24(2) of the 2013 Act.

Rajesh Vs Govt. of N.C.T. of Delhi and Anr. — Land Acquisition | Delhi HC (2016)

¶1

$~71

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

Judgment delivered on: 29.02.2016

¶4

W.P.(C) 8472/2015

RAJESH

..... Petitioner

versus

GOVT. OF NCT OF DELHI AND ANR ..... Respondents

¶9

Advocates who appeared in this case:

¶10

For the Petitioner : Mr N.S. Dalal with Ms Nidhi Dalal, Ms Ruchika Sharma For the Respondent No.1 : Mr Siddharth Panda For the Respondent DDA : Mr Sushil Dutt Salwan with Ms Priyanka Arora

¶11

CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SANJEEV SACHDEVA

¶12

J U D G M E N T

¶13

BADAR DURREZ AHMED, J (ORAL)

¶14

The counter affidavit handed over by Mr Panda on behalf of respondent no.1 is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder affidavit and reiterates the contents of the

¶15

writ petition.

¶16

By way of this writ petition the petitioner is seeking the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land

¶17

Page 1 of 3

¶18

WP(C) 8472/2015

¶19

Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the 2013 Act’) which came into effect on 01.01.2014. The petitioner, consequently, seeks a declaration that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as ‘the 1894 Act’) and in respect of which Award No.13/2005-06 dated 12.08.2005 was made, inter alia , in respect of the petitioner’s land comprised in khasra nos. 22//21/2 min (1-10) and 22//21/1 min (0-5) measuring 1 bigha 15 biswas in village Begumpur, New Delhi, shall be deemed to have lapsed.

¶20

It is an admitted position that neither physical possession of the subject lands has been taken by the land acquiring agency, nor has any compensation been paid to the petitioner. The award was made more than five years prior to the commencement of the 2013 Act. All the ingredients of section 24(2) of the 2013 Act as interpreted by the Supreme Court and this Court in the following decisions stand satisfied:-

¶21