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2014 Supreme(Del) 2740

BADAR DURREZ AHMED, SIDDHARTH MRIDUL
Sparsh Properties Pvt. Ltd. – Appellant
Versus
Union of India & Ors. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sumit Bansal, Advocate.
For the Respondent No. 1:Mr. Vivek Goyal, CGSC with Ms. Hanupaii, Advocate.
For the DDA :Mr. Siddharth Panda, Mr. Arjun Pant, Advocates.

Badar Durrez Ahmed, J. (Oral):--

1. The 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, which is the subject matter of the present writ petition, ought to be deemed to have lapsed in view of Section 24(2) of the 2013 Act.

2. The Award under the Land Acquisition Act, 1894 (hereinafter referred to as “the 1894 Act”) was made vide Award No. 15/1987-88 dated 27.06.1987 and it was in respect of, inter alia, the petitioner’s land comprised in Khasra Nos. 926/1(0-7), 928(4-7), 942 (4-16), 943 (0-4), 944 min (0-4) and 946/1 (2-3) measuring 12 bighas 1 biswas in all in village Chattarpur, New Delhi.

3. It is an admitted position that the physical possession of the subject land was not taken by the land acquiring agency. It is also an admitted position that the compensation has not been paid in respect of the subject land except insofar as khasra number 946/1(2-3) is concerned. According to the learned counsel for the respondents the
















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