Anil Anand v. Land Acquisition Collector & ANR.

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8440/2025 & CM APPL. 36736/2025, CM APPL. 57920/2025, CM APPL. 57921/2025 ANIL ANAND .....Petitioner Through:

Mr. Rahul Chaudhary, Ms. Neena Dhir, Advs.

versus LAND ACQUISITION COLLECTOR & ANR......Respondents Through:

Mr. Sanjay Kumar Pathak, Standing Counsel with Mr. Sunil Kumar Jha, Mrs.K K Kiran Pathak and Mr.

Divakar Kapil, Advs. for R-1 Ms. Deeksha L. Kakar, Ms. Sana Parveen, Mr. Rashneet Singh, Advs.

For R-2/DDA Mr. Atul Verma Adv for Hari Nagar Ashram RWA

CORAM:

HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 07.11.2025 1.

Paragraph no. 11 of the counter affidavit submitted by respondent no.1 reads as under:

"11. That as regards possession and compensation it is humbly submitted that as per records available in the LAC office the possession of the land comprised in Khasra No. 68/1 situated in village Kilokari could not be taken. So far as compensation amount is concerned, it is humbly submitted as per record no compensation has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/11/2025 at 12:45:21

been paid to the petitioner."

2.

In view of the aforesaid background, we appreciate the prayer of the petitioner, wherein petitioner is seeking declaration that acquisition taken recourse to, pursuant to Award dated 19th September 1986, would lapse, must be allowed in view of the law laid down by the Apex Court in Indore Development Authority v Manohar Lal (2020) 8 SCC 129. 3.

It is borne out from the record of the aforesaid facts that stand taken by responded no.1 in the affidavit, as reproduced herein above, that neither the possession is taken, nor compensation is paid to the petitioner. In such an eventuality, the acquisition must be declared to have been lapsed. 4.

That being so, the writ petition stands allowed in terms of prayer clause (a) with the declaration that the acquisition to the extent of land mentioned in the prayer clause stood lapsed.

5.

The petition stands disposed of in above terms. 6.

Pending applications are rendered infructuous. 7.

Order be uploaded on the website of this Court. NITIN WASUDEO SAMBRE, J ANISH DAYAL, J NOVEMBER 7, 2025/sm/bp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/11/2025 at 12:45:21