Petitioners challenged acquisition proceedings where compensation remained unpaid, arguing lapse under Section 24(2) of the 2013 Act. The Court held proceedings lapsed due to non-payment and directed compensation payment within one year.
Declaration that acquisition proceedings are deemed to have lapsed; compensation to be paid within one year.
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.
$~32
Through: Mr S.K. Rout and Mr Aman Mehrotra, Advs
versus
UNION OF INDIA AND ORS ..... Respondents Through: Mr Yeeshu Jain, SC with Ms Jyoti Tyagi, Adv for L&B/LAC
Mr Pawan Mathur, SC for DDA
CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G.S.SISTANI, J. (ORAL)
W.P. (C) No.776/2017
Page 1 of 3
“That it is submitted that the lands of village Jasola were notified vide Notification under Section 4 of the Land Acquisition Act dated 06.04.1964 which was followed by Notification under section 6 of the said Act vide Notification dated 07.12.1996. That the then Land Acquisition Collector passed an Award No. 6-D/Supp./86-87 and the possession of the subject land falling in khasra number 631/190(8-00) including other parts/min of the same khasra number were duly taken on the spot on 19.01.1994 and handed over to the requisitioning agency on the spot by preparing possession proceeding on the spot. The Statement – A however did not carry any entry to the effect that the compensation was paid to the recorded owner namely Pratap Singh and Chokha Singh having ½ share each and the petitioners have been claiming through the Chokha Singh having half share i.e 4 bigha.”
W.P. (C) No.776/2017
Page 2 of 3
“As per statement „A‟ of the Award no payment has been made to Sh. Chokha Singh or his successors.”
G.S.SISTANI, J
SANGITA DHINGRA SEHGAL, J
MAY 02, 2018 / SU
W.P. (C) No.776/2017
Page 3 of 3
3 issues framed by the court
Whether acquisition proceedings deemed to have lapsed under Section 24(2) of the 2013 Act where compensation was not tendered.
Whether the limitation period for acquiring the land has expired given the delay in tendering compensation.
What compensation entitlement arises under the 2013 Act when proceedings lapse.
4 provisions across 3 enactments
Rajesh Saxena and Ors
Union of India and Ors
G.S. Sistani
Sangita Dhingra Sehgal
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
