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2015 Supreme(Del) 1664

BADAR DURREZ AHMED, SANJEEV SACHDEVA
NEENA WADHWA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Ateev Mathur with Ms Richa Oberoi
For the Respondent No.1: Mr Anil Soni with Mr Naginder Benipal
For the Respondent No.2: Mr Yeeshu Jain with Ms Jyoti Tyagi
For the Respondent No.3: Mr Pawan Mathur with Mr Himanshu Gupta

JUDGMENT :

BADAR DURREZ AHMED, J.

1. By way of this writ petition 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. 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. 42/1987-88 dated 26.05.1987 was made, inter alia, in respect of the petitioner’s land, comprised in Khasra Nos. 662/1 (1-2), 662/2 (3-14), 664 min (4-3) measuring 8 Bighas and 19 Biswas in all in village Satbari, New Delhi, shall be deemed to have lapsed.


2. Although the Land Acquisition Collector has stated that possession of the subject land was taken, it is evident from the order of this Court dated 08.03.2010 in WP(C) 14769/2006 that possession had not been taken. The respondents also contended that the amount of compensation was deposited in the treasury, although the same had not been paid to the land owner nor was it offered to her.

3. The learned counsel for the respon




























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