High Court of DelhiW.P.(C)/6722/2015

Kishan Singh v. Govt. Of NCT Of Delhi And ORS.

2017-10-30Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6722/2015 KISHAN SINGH ..... Petitioner Through Mr. Vishal Maan, Advocate versus GOVT. OF NCT OF DELHI AND ORS.

..... Respondents Through Mr. Siddharth Panda, Advocate for respondents no.1 and 2.

Mr. Pawan Mathur, Standing Counsel for DDA.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 30.10.2017 The petitioner has filed the present petition under Article 226 of the Constitution of India seeking a writ, order or direction declaring that the entire acquisition proceedings in respect of land of the petitioner 19 biswas comprised in Old Khasra no.587/2, New Khasra no.391/5, situated in revenue estate of Village Mehrauli, New Delhi under the Land Acquisition Act, 1894(hereinafter referred to as the „Old Act‟ stands to have lapsed in view 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 „New Act‟.

As per the writ petition, neither possession of the land in question has been taken over nor compensation paid. Notice was issued in this matter. Counter affidavit has been filed by the LAC as also the DDA. A categorical stand has been taken by the LAC that possession of the land has been taken over and compensation paid. Para 7 of the counter affidavit filed by the LAC, reads as under:

"7.

That in the present case, the possession of the above mentioned lands was taken over and handed over to the beneficiary department on 21.12.1983 and compensation was paid to Sh. Kehar Singh."

As per the counter affidavit filed by the DDA, the possession was taken over and acquisition proceedings are complete qua such land and as such the land vests in the Government.

In view of the counter affidavits filed, Mr. Maan submits that he does not press the present writ petition.

The petition is dismissed as not pressed.

G.S.SISTANI, J V. KAMESWAR RAO, J OCTOBER 30, 2017 pst / W.P.(C) 6722/2015 2/2