High Court of DelhiW.P.(C)/5858/2016

Pushp Lata Jain And ANR v. Union Of India And ORS

2019-07-12Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Talwant Singh2 pages

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5858/2016 PUSHP LATA JAIN AND ANR.

..... Petitioners Through:

Mr.S.K.Rout and Mr.Aman Mehrotra, Advocates.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr.Kavindra Gill, Advocate for R-1/UOI.

Mr.Rajneesh Bhaskar, Mr. Prakash Gohil, Advocates for R-2.

Mr.Yeeshu Jain and Ms.Jyoti Tyagi, Advocates for L&B/LAC Ms.Shobhana Takiar and Ms. Shweta Anand, Advocates for DDA.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 12.07.2019

1. In the present case the relief of deemed lapsing of the land acquisition proceedings under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('2013 Act') is being sought in respect of land in two Khasra Nos. i.e Khasra No.177(3-16) and Khasra No.173(4-16) in village Siraspur, Delhi.

2. In the counter affidavit filed on behalf of the LAC, it is asserted that the compensation amount in respect of both of the above Khasra numbers has

been deposited in the Court of the learned Additional Sessions Judge since there were several claimants for compensation.

3. This Court had directed the Respondents to produce the original records in view of the fact that the Petitioner kept disputing the above assertion.

4. The relevant record produced before the Court today shows that the compensation amount sent to the reference Court was only in respect of the land in Khasra No. 177(3-16) whereas no compensation was paid for the land comprised in Khasra No. 173 (4-16).

5. Considering that possession of the abovementioned land has already been taken but no compensation has been paid, in terms of Section 24(2) of the 2013 Act, this Court directs that the Petitioner would be entitled to compensation in terms of the 2013 Act in respect of the land in Khasra No.

173. The LAC will verify the exact extent of land to which the Petitioners are laying claim in Khasra No.173 and pass appropriate orders granting them compensation in terms of 2013 Act, no later than eight weeks from today.

6. The writ petition is disposed of in the above terms. S. MURALIDHAR, J.

TALWANT SINGH, J.

JULY 12, 2019 mr