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2015 Supreme(Del) 1098

BADAR DURREZ AHMED, SANJEEV SACHDEVA
JAI PRAKASH TYAGI – Appellant
Versus
LAND ACQUISITION COLLECTOR – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Parvesh Tyagi
For the Respondent Nos. 1: Mr Sanjay Kumar Pathak with Mr S.K. Jha
For the Respondent DDA: Mr Arush Bhandari with Mr Dhanesh Relan

JUDGMENT :

BADAR DURREZ AHMED, J.


1. Mr Sanjay Pathak has handed over the counter affidavit on behalf of respondent no.1. The same is taken on record. The learned counsel for the petitioners does not wish to file any rejoinder affidavit and relies on the averments already made in the writ petition.

2. The petitioners seek 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. 240/1986-87 dated 21.09.1986 was made, inter alia, in respect of the petitioners’ land comprised in Khasra Nos. 35/2/2 (6-04), 36/2/2 (4-13) and 40/2/2 (5-01) measuring 15 bighas 18 biswas in all in village Wazirabad, New Delhi, shall be deemed to have lapsed.

3. The petitioners claim that the physical possession of the entire land is with them. However the respondents claim that possession of khasra no. 35/2/2 measuring 6 bighas 04 biswas was taken on 22.09.1












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