High Court of Delhi dismissed a writ petition where the petitioner claimed land acquisition rights lapsed under RFLAR due to subsequent title documents being unregistered. The Court held unregistered GPA and Will do not confer title for Section 24(2) claim.
None. All pending applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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*** IN THE HIGH COURT OF DELHI AT NEW DELHI**
DECIDED ON : 16th AUGUST , 2017
NIDHI SINGHAL ..... Petitioner Through : Mr.Rajesh Yadav with Mr.Sunil K.Goel, Mr.Lalit Rawal and Mr.Siddharth Gupta, Advocates.
versus
GOVT OF NCT OF DELHI & ORS. ..... Respondents Through : Mr.Yeeshu Jain, Standing Counsel with Ms.Jyoti Tyagi, Advocate for L&B/LAC. Mr.Sanjeev Sabharwal, Standing Counsel for DDA with Ms.Ridhi Suman, Advocate.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE S.P.GARG S.RAVINDRA BHAT, J. (OPEN COURT)
1 of 3
W.P.(C) 2733/2015 Page
Delhi’. A notification under Section 4 of the Land Acquisition Act, 1894 (old Act) was issued on 21.03.2003; this was followed by a declaration under Section 6 on 19.03.2004. The acquisition proceedings culminated in Award bearing No.06/2005-6/DC dated 12.07.2005 which assessed the acquired lands to compensation.
W.P.(C) 2733/2015 Page 2 of 3
to the Award disclosed that the lands were subject to acquisition or that the petitioner or other predecessor(s) were entitled to compensation. One of the essential principle requisite for claiming that Section 24(2) applies is the right to receive compensation. In the present case, the Court is unable to grant relief sought.
S. RAVINDRA BHAT (JUDGE)
S.P.GARG (JUDGE)
AUGUST 16, 2017 / sa
W.P.(C) 2733/2015 Page 3 of 3
3 issues framed by the court
Whether the petitioner can claim lapse of acquisition under Section 24(2) of RFLAR 2013 when her title documents are unregistered GPA and Will executed after the award.
Whether unregistered General Power of Attorney and Will documents can confer title necessary to claim compensation for lapsed acquisition.
Whether the Court can grant relief if the petitioner is a subsequent owner who has not been mutated or received compensation prior.
Colour shows how this judgement treated each authority
Sunil vs. Union of India & Ors.Followed¶19
(W.P.(C) 8907/2015]
3 provisions across 2 enactments
Nidhi Singhal
GOVT OF NCT OF DELHI
S. Ravindra Bhat
S.P. Garg
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
