The main legal point established in the judgment is the application of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in determining the lapse of land acquisition proceedings due to non-possession and non-payment of compensation.

S. RAVINDRA BHAT, J.

1. Learned counsel for L&B/LAC seeks to tender the counter today in the Court. The same is hereby being taken on record.

2. The petitioner Nirlep Kaur filed this petition through her constituted attorney Smt.Rekha Rachna Sharma. It is alleged that on 30.06.1982 the petitioner became the owner of the agricultural land admeasuring 1 bigha 7 biswas out of 16 bigha and 4 biswas (being 27/72 shares in 43 bigha and 4 biswas) falling in Khasra Nos.1269(4-16), 1272 (4-16), 1273(4-16), 1284(4-16), 1285(4-16), 1286 (4-16), 1287(4-16), 1288(4-16), and 1292(4-16) situated in village Malikpur Kohi @ Rangpuri, Tehsil Mehrauli, New Delhi vide registered sale deed executed by Dharam Pal on 03.07.1982. On 16.11.1983, the land was mutated in the name of the petitioner in the revenue records.

3. On 27.06.1996, notification under Section 4 of the Land Acquisition Act, 1894 was issued for acquiring 1337 bigha and 4 biswas in village Malikpur Kohi @ Rangpuri, New Delhi including the land of the petitioner for the purpose of planned development of Delhi. Consequently, the notification under Section 6 of the Act was issued; and on 07.01.1999 an award bearing No.2/1998-99 was made.

4. It is alleged that on 08.09.2003, the paper possession of land in Khasra Nos.1289(2-19), 1290 (6-15) was taken over by the respondent Nos.1 & 2, but the physical possession remained with the land owners. It is further alleged that on 31.12.2013 the possession of some more land falling in different Khasras forming part of the notification under Section 4 of the Act, was taken.

5. It is alleged by the petitioner that neither the actual and physical possession of the land was taken by the respondents nor was she paid any compensation under Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioner thus contended that the acquisition be declared to have elapsed. It is alleged by the petitioner that actual and physical possession was not taken over and the name of the petitioner is shown at Sr.No.135 of the award.

6. It is the case of the petitioners that since after the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, a right has accrued in their favour since the respondents have neither taken over the physical possession of the land from them nor have they paid any compensation per award bearing No.2/1998-99.

7. The petitioner relied upon the judgment of this Court in Susheel Kumar Khanna vs. Govt. of NCT of Delhi & Ors WP (C) No.5495/2015 pronounced on 29.09.2015 qua the award No.2/1998-99 dated 07.01.1999 of the land comprising in Khasra No.1103 min admeasuring 1 bigha in village Malikpur Kohi @ Rangpuri, Delhi where this Court declared that the acquisition proceedings in respect of subject land as deemed to have elapsed.

8. It is also the case of the petitioner that on 05.10.2015 in Writ Petition (C) No.2051/2015 Arvind Kumar Sharma vs. Government of NCT of Delhi & Ors in same award bearing No.2/1998-99 dated 07.01.1999 the land comprising in Khasra No.1255/4 in village Malikpur Kohi @ Rangpuri, the Court has declared the acquisition proceedings initiated under the Act of 1894 in respect of the subject land as deemed to have elapsed and hence the relief was granted.

9. Respondent No.2 has filed the counter today in the Court and contents of para Nos.8 & 11 are relevant which reads as under:-

“8. That it is submitted that many of the land owners filed various writ petitions including the lead case Civil Writ Petition No.1953/1997 titled Vasant Kunj Enclave Housing Welfare Society Vs. Union of India & Ors before this Hon’ble Court for quashing of the Notifications dated 27.06.1996 issued by the Government of NCT of Delhi under Section 4 read with Section 17(1) and (4) dispensing with Section 5-A and Notifications dated 10.01.1997 issued under Section 6 of the Land Acquisition Act. In the said