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2017 Supreme(Del) 4620

G.S.SISTANI, V.KAMESWAR RAO
Tripat Kaur – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Raghuvinder Verma, Adv.
For the Respondents: Ms. Jyoti Tyagi, Adv. for L&B/LAC. Mr. Rajesh Kumar with Mr. Nikhil Kumar, Advs., Ms. Renuka Arora with Mr. Sumit Rana, Advs.

JUDGMENT :

G.S. SISTANI, J.

1. Counter affidavit has not been filed by LAC. Ms. Tyagi submits that she adopts the counter affidavit filed by LAC in another connected matter bearing W.P. (C)10455/2015.

2. With consent of the parties, the matter is set down for final hearing and disposal.

3. This is a petition filed by the petitioner under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings with respect to land bearing plot no.6 measuring 300 sq. yds. out of Khasra no.40/22 (4-12), situated in the revenue estate of village Karala, Delhi (hereinafter referred to as the ‘subject land’), to have lapsed in view of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 as neither compensation has been paid nor possession has been taken over.

4. Counsel appearing for LAC relies on para 4 of its counter affidavit filed in the connected matter submits that possession of the subject land has been taken and handed over to DSIIDC. However, compensation could not be paid as the original owner did not turn up to collect the same.

5. Mr. Verma has placed reliance on Pune Municipal Corporatio




















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