Chhote Lal v. Govt. Of NCT Of Delhi And ORS.

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4883/2015 CHHOTE LAL ..... Petitioner Through : Sh. Paritosh Tomar, Advocate.

versus GOVT. OF NCT OF DELHI AND ORS.

..... Respondents Through : Sh. Dhanesh Relan, Advocate, for DDA.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 15.05.2017 In this proceeding, the petitioner seeks a declaration that the acquisition of his lands, Khasra Nos.150 min (2-5), 150 min (7-0) and 150 min (4-8) measuring 13 bighas 13 biswas situated in the revenue estate of Village Mehrauli, New Delhi [hereafter referred to as "the lands"] has lapsed by virtue of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [hereafter "the 2013 Act"]. In the present case, the State/GNCTD by notification dated 23.01.1965 under Section 4 of the Land Acquisition Act, 1894 (hereafter "the old Act") sought to acquire the lands. Subsequently, a Declaration too was issued under Section 6 of the old Act on 07.12.1966. The concerned Land Acquisition Collector (LAC), made the Award No.80E/1970-71 (Suppl) in 1981.

It is stated by the petitioners that though possession was taken the petitioner has not received compensation. The respondent/LAC's counter affidavit disputes the applicability of the 2013 Act. It is alleged that the compensation was deposited in the treasury and is lying in revenue deposit. In the circumstances, the petitioner is entitled to the relief he seeks and the declaration is issued in respect of the lands above referred. S. RAVINDRA BHAT, J NAVIN CHAWLA, J MAY 15, 2017/ajk