Allowed

Suresh Kumar and Ors. v. Govt. of NCT of Delhi and Anr.

Delhi HC19 Jul 2016W.P.(C)/9094/2015

Case brief

AI extract

What is this about?

This writ petition sought a declaration that land acquisition proceedings under the 1894 Act lapsed under Section 24(2) of the 2013 Act. The court held that since the award was made over five years prior to the 2013 Act and no possession or compensation was paid, the petitioners were entitled to a declaration that the proceedings lapsed.

What did the court decide?

Petitioners entitled to declaration; acquisition proceedings under 1894 Act deemed to have lapsed under Section 24(2) of 2013 Act.

Suresh Kumar and Ors. Vs Govt. of NCT of Delhi and Anr. — Land Acquisition | Delhi HC (2016)

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$~44

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IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 19.07.2016

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W.P.(C) 9094/2015 & CM 20587/2015

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SURESH KUMAR AND ORS. ..... Petitioners

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versus

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

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Advocates who appeared in this case:

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For the Petitioner : Mr Sameer Jain.

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For the Respondents : Mr Siddharth Panda with Mr P. Venkatesan for LAC/L&B. Mr Dhanesh Relan for DDA.

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CORAM:

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HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE ASHUTOSH KUMAR

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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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1. By way of this writ petition the petitioners are seeking 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’) which came into effect on 01.01.2014. The petitioners, 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.63/82-83 dated 31.01.1983 was made, inter alia , in respect of the petitioners’ land comprised in Khasra No. 319/3(02-13), 323(02-16), 329/1/1 (0-14) and

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Page 1 of 2

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WP(C) 9094/2015

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324/2(04-13) measuring 10 Bighas and 16 Bishwas in Village Pul Pehladpur shall be deemed to have lapsed.

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2. 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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