Amarjit Singh and anr Vs. Union of India and ors

Amarjit Singh and anr vs Union of India and ors

Type Court Judgment Court Delhi Decided Nov 25, 2014

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Citation: sooperkanoon.com/1172013
Court: Delhi High Court
Judge: Badar Durrez Ahmed
Decided On: Nov 25, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Amarjit Singh and anr

Respondent

Union of India and ors

Excerpt

.....bighas and 16 biswas in all in village chattarpur shall be deemed to have lapsed.3. though the respondents claimed that possession of the said land was taken on 31.12.2013, the petitioners dispute this and maintain that physical possession has not been taken. however, insofar as the issue of compensation is concerned, it is an admitted position that it has not been paid.4. without going into the controversy of physical possession, this much is clear that the award was made more than five years prior to the commencement of the 2013 act and the compensation has also not been paid. the necessary ingredients for the application of section 24(2) of the 2013 act as interpreted by the supreme court and this court in the following cases stand satisfied:(1) pune municipal corporation and anr v. harakchand misirimal solanki and ors: (2014) 3 scc183 (2) union of india and ors v. shiv raj and ors: (2014) 6 scc564 (3) sree balaji nagar residential association v. state of tamil nadu and ors: civil appeal no.8700/2013 decided on 10.09.2014; 5. (4) surender singh v. union of india & others: wp(c) 2294/2014 decided on 12.09.2014 by this court; and (5) girish chhabra v. lt. governor of delhi and ors: wp(c) 2759/2014 decided on 12.09.2014 by this court. as a result, the petitioners are entitled to a declaration that the said acquisition proceedings initiated under the 1894 act in respect of the subject land are deemed to have lapsed. it is so declared.6. the writ petition is allowed to the aforesaid extent. there shall be no order as to costs. badar durrez ahmed, j november25 2014 su w.p.(c) no.3083/2014

Full Judgment

$~18(III) * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:

25. 11.2014 W.P.(C) 3083/2014 & CM64712014 AMARJIT SINGH AND ANR .... Petitioners versus UNION OF INDIA AND ORS ..... Respondents Advocates who appeared in this case: For the Petitioners : Mr Ajay Sharma For the Respondents : Mr Yeeshu Jain and Ms Jyoti Tyagi for the Respondent/L&B and LAC. Mr Arun Birbal with Mr Sanjay Singh for DDA. CORAM:HON’BLE MR JUSTICE BADAR DURREZ AHMED HON’BLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT

BADAR DURREZ AHMED, J (ORAL) 1. The counter affidavit handed over by Mr Yeeshu Jain on behalf of respondent Nos. 1 and 3 is taken on record. The petitioners do not wish to file any rejoinder affidavit.

2. The petitioners seek 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. A declaration is sought to the effect that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as ‘the 1894 Act’) in respect of which Award No.15/87-88 dated 05.06.1987 was made, inter alia, in respect of the petitioners’ land comprised in Khasra Nos. 1568/2 (1-06), 1569/1 (305), 1569/2 (0-13) and 1568/1 (1-19) measuring 7 bighas and 16 biswas in all in village Chattarpur shall be deemed to have lapsed.

3. Though the respondents claimed that possession of the said land was taken on 31.12.2013, the petitioners dispute this and maintain that physical possession has not been taken. However, insofar as the issue of compensation is concerned, it is an admitted position that it has not been paid.

4. Without going into the controversy of physical possession, this much is clear that the Award was made more than five years prior to the commencement of the 2013 Act and the compensation has also not been paid. The necessary ingredients for the application of Section 24(2) of the 2013 Act as interpreted by the Supreme Court and this Court in the following cases stand satisfied:(1) Pune Municipal Corporation and Anr v. Harakchand Misirimal Solanki and Ors: (2014) 3 SCC183 (2) Union of India and Ors v. Shiv Raj and Ors: (2014) 6 SCC564 (3) Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors: Civil Appeal No.8700/2013 decided on 10.09.2014; 5. (4) Surender Singh v. Union of India & Others: WP(C) 2294/2014 decided on 12.09.2014 by this Court; and (5) Girish Chhabra v. Lt. Governor of Delhi and Ors: WP(C) 2759/2014 decided on 12.09.2014 by this Court. As a result, the petitioners are entitled to a declaration that the said acquisition proceedings initiated under the 1894 Act in respect of the subject land are deemed to have lapsed. It is so declared.

6. The writ petition is allowed to the aforesaid extent. There shall be no order as to costs. BADAR DURREZ AHMED, J NOVEMBER25 2014 SU W.P.(C) No.3083/2014

Same Court & Year Delhi · 2014 Same Parties Amarjit Singh and anr vs Union of India and ors Same Subject Land Acquisition Same Judge Badar Durrez Ahmed