Simla Devi v. Union of India and Ors

JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

¶1The petitioner seeks 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. A declaration is sought to the effect that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act') in respect of which Award No.205/1986-87 dated 19.09.1986 was made, inter alia, in respect

of the petitioner's land comprised in Khasra Nos. 182 (3-14), 183 (4-09) and 243 (4-12) measuring 12 bighas 15 biswas in all in village Kotla Mahigiran, Delhi, shall be deemed to have lapsed.

¶2Though the respondents claimed that possession of the said land was taken on 05.03.1997, the petitioner disputes this and maintains that physical possession has not been taken. However, insofar as the issue of compensation is concerned, it is an admitted position that it has not been paid.

¶3Without going into the controversy of physical possession, this much is clear that the Award was made more than five years prior to the commencement of the 2013 Act and the compensation has also not been paid. The necessary ingredients for the application of Section 24(2) of the 2013 Act as interpreted by the Supreme Court and this Court in the following cases stand satisfied:-

(1) Pune Municipal Corporation and Anr v. Harakchand Misirimal Solanki and Ors: (2014) 3 SCC 183;

(2) Union of India and Ors v. Shiv Raj and Ors: (2014) 6 SCC 564;

(3) Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors: Civil Appeal No. 8700/2013 decided on 10.09.2014;

(4) Surender Singh v. Union of India & Others: WP(C) 2294/2014 decided on 12.09.2014 by this Court; and

(5) Girish Chhabra v. Lt. Governor of Delhi and Ors: WP(C) 2759/2014 decided on 12.09.2014 by this Court.

¶4As a result, the petitioner is entitled to a declaration that the said acquisition proceedings initiated under the 1894 Act in respect of the subject land are deemed to have lapsed. It is so declared.

¶5The writ petition is allowed to the aforesaid extent. There shall be no order as to costs.

BADAR DURREZ AHMED, J

NOVEMBER 15, 2016

JAYANT NATH, J kb

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 15.11.2016 + W.P.(C) 5688/2015 & CM 10227/2015 SIMLA DEVI .... Petitioner versus UNION OF INDIA & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr M.P. Bhargava For the Respondent DDA : Mr Arjun Pant For the Respondent LAC/L&B : Mr Siddharth Panda CORAM:- HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE JAYANT NATH