HIGH COURT OF DELHI
SUSHIL KUMAR KASANA & ANR – Appellant
Versus
GOVT. OF NCT OF DELHI & ORS – Respondent
JUDGMENT
BADAR DURREZ AHMED, J (ORAL)
1. Mr Siddharth Panda, the learned counsel appearing for respondent Nos.1 and 2 has handed over the affidavit on behalf of Land Acquisition Collector (North-East). The same is taken on record. The learned counsel for the petitioners does not wish to file any rejoinder/affidavit inasmuch as all the necessary averments are contained in the writ petition.
2. The learned counsel for the petitioners states that this matter is covered by the decision of this Court in the case of Girish Chhabra vs. Lt. Governor of Delhi and Ors.: W.P.(C) 2759/2011 decided on 12.09.2014. He states that although possession of the subject land has been taken, the award under the Land Acquisition Act, 1894 (hereinafter referred to as ‘the 1894 Act’) was made more than five years prior to the commencement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the 2013 Act’), which came into effect on 01.01.2014. In this case Award No.12/1992-93 was made on 19.06.1992. He also states that compensation has not yet been paid to the petitioners. Therefore, the requirements of section 24(2) of
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