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2016 Supreme(Del) 4361

BADAR DURREZ AHMED, ASHUTOSH KUMAR
GODFREY PHILLIPS (I) LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioners: Mr. Aditya Singh with Mr. Sumeet Tahilramani.
For the Respondents: Mr. Yeeshu Jain with Ms. Jyoti Tyagi and Mr. Dhanesh Relan.

JUDGMENT :

BADAR DURREZ AHMED, J.

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 initiated under the Land Acquisition Act, 1894 (hereinafter referred to as “the 1894 Act”) in respect of which Award No. 10/87-88 dated 20.05.1987 was made, inter-alia, in respect of the petitioner’s land comprised in Khasra Nos. 376 (4-06), 377 (4-16), 381 min (1-02), 383 (4-16), 384 (4-06), 385 (4-06), 386/1 min (0-04), 386/2 min (0-06) and 390 (4-06) total measuring 28 bighas and 8 biswas in all in village Sayoorpur shall be deemed to have lapsed.

2. Admittedly, possession of the subject land, other than Khasra Nos. 384, 385 and 390 was not taken and in respect thereof compensation was also not paid. In respect of Khasra Nos. 376 and 381, the compensation amount was deposited in Court pursuant to an order dated 30.12.2013 passed in CM (Main) 1407/2013. This would not amount to payment of compensation as held by us in several cases. The















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