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Gyanwat Vs. Union of India and ors - Court Judgment

SooperKanoon Citation
CourtDelhi High Court
Decided On
Judge
AppellantGyanwat
RespondentUnion of India and ors

Excerpt

.....acquisition, rehabilitation and resettlement act, 2013 (hereinafter referred to as ‘the 2013 act’) which came into effect on 01.01.2014. the case of the petitioner is admittedly covered by the decision of this court in gyanender singh & ors. v.uoi & ors.: wpc13932014 decided on 23.09.2014. the award in question was award no.15/87-88 dated 05.06.1987 and was in respect of khasra numbers 945(half share), 946/2 and 940 of village chattarpur, totalling 7 bighas 6 biswas.2. in view of the fact that this petition is covered by the decision in gyanender singh (supra) the acquisition in respect of the above mentioned lands shall be deemed to have lapsed in terms of section 24(2) of the 2013 act.3. the writ petition is allowed to the aforesaid extent. there shall be no orders as to costs. badar durrez ahmed, j september26 2014 kb wpc1423/2014

Judgment

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:

26. 09.2014 W.P.(C) 1423/2014 & CM29572014 ... Petitioner GYANWAT versus … Respondents UNION OF INDIA & ORS Advocates who appeared in this case: For the Petitioner For the Respondent L&B For the Respondent GNCTD For the Respondent DDA For the Respondent : Mr N.S.Vasisht, Mr Vishal Singh, Ms Jyoti Kataria, Ms Madhur Bhargava. : Mr Siddharth Panda : Mr Sanjay Kumar Pathak, : Mr Ajay Verma : Mr Ripu Daman Bhardwaj CORAM:HON’BLE MR JUSTICE BADAR DURREZ AHMED HON’BLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT

BADAR DURREZ AHMED, J (ORAL) 1. By way of this writ petition, the petitioner seeks the benefit 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’) which came into effect on 01.01.2014. The case of the petitioner is admittedly covered by the decision of this court in Gyanender Singh & Ors. v.UOI & Ors.: WPC13932014 decided on 23.09.2014. The Award in question was Award No.15/87-88 dated 05.06.1987 and was in respect of khasra numbers 945(half share), 946/2 and 940 of village Chattarpur, totalling 7 bighas 6 biswas.

2. In view of the fact that this petition is covered by the decision in Gyanender Singh (supra) the acquisition in respect of the above mentioned lands shall be deemed to have lapsed in terms of section 24(2) of the 2013 Act.

3. The writ petition is allowed to the aforesaid extent. There shall be no orders as to costs. BADAR DURREZ AHMED, J SEPTEMBER26 2014 kb WPC1423/2014


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