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2015 Supreme(Del) 654

S.RAVINDRA BHAT, R.K.GAUBA
Kathuria Public School – Appellant
Versus
Union of India – Respondent


Appearing Advocates:
For the Petitioners:A.S. Chandhiok, Sr. Advocate, Vikas Mehta, Ritesh Kumar, Rajat Sehgal, Honey Kumari, Mayank Bamniyal, Advocates.
For the Respondents:Ripu Daman Bhardwaj, CGSC, Ajay Verma, Sr. Standing Counsel, Sanjay Poddar, Sr. Advocate, T.P. Singh, Amit Mehra, Sanjay Kumar Pathak, K. Kaumudi Kiran, Sunil Kumar Jha, Govind Kumar, Pavni Poddar, Shefali Jain, Rakesh Kumar Khanna, Advocates.

Judgment :-

1. By these proceedings under Article 226 of the Constitution of India, the Petitioners (hereafter compendiously referred to as “KPS”) seek a declaration that with the enactment and coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (hereafter “Acquisition & Rehabilitation Act”) the lands being occupied by the public school under their management were no longer subject to acquisition; they also seek an order enjoining or prohibiting the respondents from taking any action towards dispossessing them.

2. On 23.1.1965 a notification under Section 4, Land Acquisition Act 1894 (“old Act”) was issued and on 26.12.1968 a declaration under Section 6 was issued in respect of land measuring 80 bighas 7 biswas comprised in Khasra Nos. 1726 (3-3), 1727 (4-16), 1728 (2-12), 1729 (6-14), 1747 (4-16), 1748 (4-16), 1749 (4-16), 1750 (4-16), 1751 (4-16), 1752 (4-16), 1753 (3-5), 1754 (6-2), 1755 (4-16), 1756/2 (3-4), 1757/2 (3-4), 1875 (4-16), 1876 (4-16) and 1877 (4-3) in village Rangpuri alias Malikpur Kohi (Vasant Kunj) Tehsil Mehrauli. The award in respect of these lands (hereafter “the suit lands”) was
































































































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