Roop Chand And ORS v. UOI And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6768/2017 ROOP CHAND AND ORS ..... Petitioner Through:

Ms.Moumita Mondal, Advocate.

versus UOI AND ORS ..... Respondent Through:

Mr.Siddharth Panda, Advocate for LAC/L & B Deptt.

Mr.Nitin Mishra, Advocate for DDA.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 28.03.2024 1.

The petitioners have filed the present petition, inter alia, praying as under: - "a. Pass a writ, order or direction in the nature of writ of declaration, thereby declaring the acquisition proceedings initiated in respect of the land of the petitioner with respect to their land i.e. 5/12 joint share in Khasra no. 28/15/2 (2-3), 29/7/1 (2-5), and 29/6 (0-13) total measuring 5 bigha 1 biswas situated in the revenue estate of village Saidabad, TehsilMehrauli, New Delhi, as deemed to have lapsed in view of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013;"

2.

It is the case of the petitioners that since the compensation amount was not paid in respect of the subject land, the acquisition 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 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 02/04/2024 at 16:01:24

the 2013 Act).

3.

The said petition was filed on the basis of the decision of the Supreme Court in Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & Ors.: (2014) 3 SCC 183, which has since been overruled by the Supreme Court in a later decision in Indore Development Authority v. Manohar Lal & Ors.: (2020) 8 SCC 129.

4.

Since admittedly, the possession of the subject land was taken over, both the conditions as stipulated in Section 24(2) of the 2013 Act are not satisfied cumulatively.

5.

Thus, in the light of the above decisions of the Supreme Court in Indore Development Authority v. Manohar Lal & Ors. (supra), the challenge to the acquisition must fail.

6.

Accordingly, the petition is dismissed.

VIBHU BAKHRU, J GIRISH KATHPALIA, J MARCH 28, 2024 M Click here to check corrigendum, if any 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 02/04/2024 at 16:01:24