G.S. SISTANI, J.

1. This is a petition under Article 226 of the Constitution of India filed by the petitioner. The petitioner seeks a declaration that the acquisition proceedings initiated with respect to land of petitioner comprised in Khasra Nos. 694 and 698 measuring 9 bigha 14 biswas, situated in the revenue estate of village Madipur, Punjabi Bagh, New Delhi (hereinafter referred to as "the subject land") is deemed to have lapsed in view 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") as neither the physical possession of the subject land has been taken nor the compensation has been tendered.

2. Brief facts which are required to be noticed for the disposal of this writ petition are that a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 13.11.1959, a Section 6 declaration was made on 10.06.1963 and thereafter an Award bearing no. 1691 was rendered under Section 11 of the Act on 23.03.1964. The writ petition also reveals that father of the petitioner died on 15.01.1999. Another aspect which has been revealed in the writ petition is that in the year 2000, a writ petition bearing W.P. (C) No. 2604/2000 was filed on behalf of RWA Punjabi Bagh Apartments Association for removal of encroachment. It is the case of the petitioner that the petitioner was illegally dispossessed on the directions of this Court passed in W.P. (C) No. 2604/2000.

3. Mr. Dhyani, learned counsel for the petitioner submits that the father of the petitioner had not received any compensation and also the petitioner continues to remain in actual physical possession of the subject land. Counsel submits that since neither the compensation has been tendered to the petitioner nor the physical possession has been taken, the petitioner is entitled to a declaration that the acquisition proceedings with respect to land of petitioner is deemed to have lapsed in view of Section 24 (2) of the 2013 Act.

4. Counter affidavits have been filed by the LAC and also the DDA. As per the counter affidavit filed by the LAC, actual physical possession has been taken and compensation to the tune of Rs. 22,385/- stands paid to Shri Krishan S/o Sh. Manohar vide LAC order no. 1691/L&B/Rev./642 dated 17.04.1964. Paragraphs 6 and 7 of the counter affidavit filed by the LAC, reads as under:

“6. That it is submitted that the physical possession of Khasra No. 698 (3-10) was taken and handed over to the beneficiary department on 27.04.1964 and Khasra No. 694 (6-4) was taken over on 03.09.1981. As per the report of Account Clerk, Statement "A" of Award No. 1691 is not available in the branch, however, from other related records, it is revealed that an amount of Rs. 22,385/- was paid to Sh. Krishan S/o Sh. Manohar vide LAC order No. 1691/L&B/Rev./642 dated 17.04.1964.

7. That it is humbly submitted that in the present case provisions of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 would not be applicable as the compensation has been deposited in paid to the owner and possession was also taken over the handed over to the beneficiary department.”

5. Counter affidavit has also been filed by the DDA. As per the counter affidavit filed by the DDA, the possession of the subject land has been taken over and the land is lying vacant, however, a wall has been constructed. Relevant portion of paragraph (viii) of the counter affidavit filed by the DDA, reads as under:

“(viii) It is further submitted that the physical possession of the acquired land i.e. Khasra No. 698 (3-10) has been handed over to the Respondent 3-Delhi Development Authority by the LAC/Land and Building Department, Govt. of NCT of Delhi on 22.04.64 and it is further submitted that Khasra No. 698 (6-4) has been handed over to the Respondent 3-Delhi Development Auth