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2019 Supreme(Del) 1431

S.MURALIDHAR, I.S.MEHTA
Lajpat Rai Goel – Appellant
Versus
Govt. of NCT of Delhi – Respondent


Advocates Appeared:
Ravinder Sethi, Adv., Vishwaranjan Kumar, Adv., Yeeshu Jain, Adv., Jyoti Tyagi, Adv., Ajay Verma, Adv., Gurmehar S Sistani, Adv., Sumit Mishra, Adv.

JUDGMENT :

S. Muralidhar, J.

The prayers in the petition read as under:

"(a) issue a writ, order or declaration declaring that the entire acquisition proceedings i.e. Section 4 notification dated 21.3.2003, Section 6 declaration dated 19.3.2004 and the award no.12/2005- 06/DC(NW) dated 5.8.2005 in respect of the land comprised in Khasra nos. 34/6 (5-2), 34/7 (4-0), 34/14 (4-16) and 34/4 (1-0) situated in the Revenue Estate of Village Barwala, Delhi have lapsed in view of sub-section 2 of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; and

(b) issue a writ of mandamus directing the respondents not to interfere with the peaceful possession of the said lands presently in possession and occupation of the petitioner."

2. The narration in the petition reveals that notification under Section 4 of the Land Acquisition Act, 1894 ("LAA") was issued on 21st March 2003, followed by declaration under Section 6 of the LAA on 19th March 2004. The impugned Award No. 12/2005-06 was passed on 5th August 2005. The reason for the said acquisition was the public purpose of "Rohini Residential Scheme" under the planned development

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