The FIR became infructuous due to the lapse of land acquisition proceedings under Section 24(2) of the LARR Act, leaving no legal basis for the charges against the petitioners.

JUDGMENT

Swarana Kanta Sharma, J. The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") by the petitioners seeking quashing of the FIR bearing no. 592/2014 registered at P.S. Saket, New Delhi under Sections 447/506 of Indian Penal Code ("IPC") and Section 3 of the Prevention of Damage to Public Property Act, 1984 ("PDPP Act").

2. Brief facts, leading to the filing of present petition, are as follows:

a. A sale deed bearing registration no. 6768 was executed on 01.10.1963, in favour of the joint owners Messrs Jagjit Singh and Girdharilal, in respect of a land measuring 2 bishas and 4 biswas (approx. 2200 sq. yards) located at Khasra no. 156 at Lado Sarai, Delhi.

b. By an award dated 14.09.1986 of the SDM/LAO(ME), Delhi, the said land was acquired by the Delhi Administration for the planned development of Delhi, but against the same, neither any amount of compensation was paid to the erstwhile owners nor the physical possession of the questioned land was taken over by the DDA authorities.

c. Considering the aforesaid circumstances, the owners of the said land executed agreements of sale dated 28.04.2006 and 08.05.2006 whereby the land was sold to M/s. Mickey Boilers (P) Ltd., and irrevocable GPAs dated 15.09.2006 and 18.09.2006 bearing registration nos. 8279 & 8278 were also executed in favour of Shri S.P. Gupta, one of the Directors of M/s Mickey Broilers (P) Ltd., and the husband of petitioner no. 4 herein. Thereafter, physical possession was delivered to M/s Mickey Boilers (P) Ltd. have been in physical possession of the said lands since then.

d. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("LARR Act"), which came into force on 01.01.2014, introduced the provision for lapse of land acquisition proceedings under Section 24(2). Section 24 of the LARR Act is reproduced herewith:

"24. Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in certain cases.-

(1) Notwithstanding anything contained in this Act, in any case of land acquisition proceedings initiated under the Land Acquisition Act, 1894,-

(a) where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or

(b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.

(2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act,1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:

Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act."

e. On 14.08.2014, the land owners i.e., M/s Mickey Broilers (P) Ltd., in order to protect their land from encroachment, tried to