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IN THE HIGH COURT OF DELHI AT NEW DELHI
BADAR DURREZ AHMED, SANJEEV SACHDEVA, JJ.
A to Z Securities Limited - Petitioner
Versus
Union of India and Ors. - Respondents
W.P.(C) 638/2015 & CM 1109/2015
Decided on : 07.07.2015
Section 24(2) - Land Acquisition - The petitioner sought the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for the acquisition proceeding initiated under the Land Acquisition Act, 1894. The court found that the requirements of section 24(2) were satisfied, as interpreted by previous decisions, and declared that the acquisition proceedings were deemed to have lapsed.
Fact of the Case:
The petitioner sought the benefit of Section 24(2) of the 2013 Act for the acquisition proceeding initiated under the 1894 Act. The land acquiring agency had not taken physical possession of the land, nor had any compensation been paid to the petitioner. The award was made more than five years prior to the commencement of the 2013 Act.
Finding of the Court:
The court found that the petitioner was entitled to a declaration that the acquisition proceedings initiated under the 1894 Act in respect of the subject lands were deemed to have lapsed, as the requirements of section 24(2) were satisfied.
Issues: The main issue was whether the petitioner was entitled to the benefit of Section 24(2) of the 2013 Act for the acquisition proceeding initiated under the 1894 Act.
Ratio Decidendi: The court relied on previous decisions and interpreted the requirements of section 24(2) of the 2013 Act, finding that they were satisfied in the present case.
Final Decision: The writ petition was allowed, and the court declared that the acquisition proceedings initiated under the 1894 Act in respect of the subject lands were deemed to have lapsed. No costs were awarded.
Badar Durrez Ahmed, J.
1. By way of this writ petition the petitioner is 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 petitioner, consequently, seeks 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.36/1980-81 dated 19.06.1980 was made, inter alia, in respect of the petitioner’s land comprised in Khasra No. 172 measuring 631 square yards in Village Lado Sarai, New Delhi shall be deemed to have lapsed. It may be pointed out that Khasra No. 172 comprises of 7 bighas and 17 biswas of land, out of which 5 bighas was taken by the land acquiring agency, leaving 2 bighas and 17 biswas. The above mentioned 631 square yards is out of the said balance 2 bighas and 17 biswas of land.
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 petitioner. 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 petitioner is 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.
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