Tara Kaur Sarang & ANR v. Union Of India & ORS

$~49 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 16.01.2017 W.P.(C) 9452/2015 & CM 22116/2015 TARA KAUR SARANG & ANR ..... Petitioners versus UNION OF INDIA & ORS ..... Respondents Advocates who appeared in this case:

For the Petitioners : Mr Ashish Tiwari For the Respondents LAC/L&B : Mr Yeeshu Jain with Ms Jyoti Tyagi For the Respondent/DDA : Mr Dhanesh Relan with Ms Akshita Manocha For the Respondent/UOI : Mr Rajesh Kumar with Ms Santwana and Mr Amit Kr. Dogra

CORAM:

HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE ASHUTOSH KUMAR

JUDGMENT

BADAR DURREZ AHMED, J (ORAL) 1.

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.14/87-88 dated 26.05.1987 was made, inter alia, in respect of the petitioners' land comprised in Khasra No.179 measuring 4 bighas and 16 biswas in village Satbari shall be deemed to have lapsed.

2.

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

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

3.

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. 4.

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

BADAR DURREZ AHMED, J ASHUTOSH KUMAR, J JANUARY 16, 2017 SR