Allowed

Anupama Kapoor & Ors. v. Union of India & Ors.

Delhi HC23 Feb 2016W.P.(C)/8565/2015

Case brief

AI extract

What is this about?

The High Court of Delhi declared that acquisition proceedings under the 1894 Act regarding designated land parcels are deemed to have lapsed due to the commencement of the 2013 Act and non-payment of compensation, allowing the writ petition on these terms.

What did the court decide?

Declaration that the acquisition proceedings are deemed to have lapsed and writ petition allowed to that extent.

Anupama Kapoor & Ors. Vs Union of India & Ors. — Land Acquisition | Delhi HC (2016)

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$~61

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment delivered on: 23.02.2016

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W.P.(C) 8565/2015 & CM 18505/2015

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ANUPAMA KAPOOR AND ORS ..... Petitioners

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versus

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UNION OF INDIA AND ORS ..... Respondents

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Advocates who appeared in this case:

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For the Petitioner : Mr Ateev Mathur with Mr Amol Sharma, Mr APS Sehgal For the Respondent L&B : Mr Siddharth Panda

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CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE R.K. GAUBA

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J U D G M E N T

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BADAR DURREZ AHMED, J (ORAL)

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The counter affidavit handed over by Mr Siddharth Panda on behalf of respondent no. 2 is taken on record. The learned counsel for the petitioners does not wish to file any rejoinder affidavit and reiterates the contents of the writ petition in response to the said counter affidavit.

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

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WP(C) 8565/2015

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Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the 2013 Act’) which came into effect on 01.01.2014. The petitioners,

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consequently, seek 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.15/1987-88 dated 05.06.1987 was made, inter alia , in respect of the petitioners’ land comprised in khasra nos. 1012 min (3-0), 1013 min (0-4), 1025 min (0-5), 1028 min (4-7) and 1029 min (2-5) measuring 10 bigha 2 biswas in all in village Chattarpur, Delhi, shall be deemed to have lapsed.

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In this petition khasra no. 1027 min (4-17) was also claimed but, according to the learned counsel for the Land Acquisition Collector, that khasra was not acquired under the said award.

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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 petitioners. 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:-

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

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WP(C) 8565/2015

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