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2015 Supreme(Del) 2581

BADAR DURREZ AHMED, SANJEEV SACHDEVA
ROHTASH SINGH – Appellant
Versus
GOVERNMENT OF NCT OF DELHI – Respondent


Advocate Appeared:
For the Petitioner:Mr L.S. Solanki, Advocate
For the Respondents:Mr Dhanesh Relan, Advocate for DDA Mr Yeeshu Jain & Ms. Jyoti Tyagi, Advocates for L&B/LAC

JUDGEMENT :

SANJEEV SACHDEVA, J.

1. The petitioner has filed the present petition seeking a declaration that the acquisition proceedings in respect of the land Admeasuring 900 sq. yards out of Khasra No. l etc./99 (3-13) now known as Property No.C-115, Gali No.4, Shastri Park, Delhi-110053 in Village Ghonda Chauhan Khadar, Delhi-110053 has lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the Act”).

2. The contention of the petitioner is that the petitioner is the owner of the said piece of land having purchased the same from its earlier owners. It is contended that the petitioner has raised a nursery/garden at the said premises. It is contended that the petitioner continues to be in physical possession of the land. However, in the year 2013, the respondent through its officials and employees threatened to dispossess the petitioner. The petitioner made an RTI enquiry in response to which it was contended that the physical possession of the subject land was taken over by the land acquiring authorities and handed over to PWD for construction of a road on 16.08.1983. It









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