Saba Khan & ORS v. Govt. Of NCT Of Delhi & ORS

THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 27.01.2015 + W.P.(C) 8572/2014 and CM No. 19778/2014 SABA KHAN AND ORS .... Petitioners versus GOVT. OF NCT OF DELHI AND ORS .... Respondents Advocates who appeared in this case:

For the Petitioners : Mr Vishal Maan For the Respondent Nos. 1 & 2 : Mr Siddharth Panda For the Respondent No. 3 : Mr Arjun Pant CORAM:- HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

BADAR DURREZ AHMED, J (ORAL) 1.

The counter affidavit handed over on behalf of respondent Nos. 1&2 by Mr Siddharth Panda is taken on record.

The learned counsel for the petitioners does not wish to file any rejoinder affidavit as he would be relying on the averments made in the writ petition itself. 2.

By way of this writ petition the petitioners are seeking the benefit of section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the 2013 Act') which came into effect on 01.01.2014. The

petitioners, consequently, seek a declaration that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act') and in respect of which Award No. 27/2002-03 dated 24.10.2002 was made, inter alia, in respect of the petitioners' land comprised in Khasra Nos. 43//18 Min (2-0), 22/1 Min (0-13), 23/1 Min (013) measuring 3 bighas and 6 biswas in Village Dhul Siras shall be deemed to have lapsed.

3.

It is an admitted position that neither physical possession of the subject lands has been taken by the land acquiring agency, nor has any compensation been paid to the petitioners. The award was made more than five years prior to the commencement of the 2013 Act. All the ingredients of section 24(2) of the 2013 Act as interpreted by the Supreme Court and this Court in the following decisions stand satisfied:- (i) Pune Municipal Corporation and Anr v.

Harakchand Misirimal Solanki and Ors: (2014) 3 SCC 183;

(ii) Union of India and Ors v. Shiv Raj and Ors:

(2014) 6 SCC 564;

(iii) Sree Balaji Nagar Residential Association v.

State of Tamil Nadu and Ors: Civil Appeal No. 8700/2013 decided on 10.09.2014;

(iv) Surender Singh vs. Union of India and Ors.:

W.P.(C) 2294/2014 decided 12.09.2014 by this Court.

4.

As a result the petitioners are entitled to a declaration that the said acquisition proceedings initiated under the 1894 Act in respect of the subject lands are deemed to have lapsed. It is so declared. 5.

The writ petition is allowed to the aforesaid extent. There shall be no order as to costs.

BADAR DURREZ AHMED, J SANJEEV SACHDEVA, J JANUARY 27, 2015 SU