Phire Ram Vs. Union of India and ors

Phire Ram vs Union of India and ors

Type Court Judgment Court Delhi Decided Nov 25, 2014

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https://sooperkanoon.com/case/1172056

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Citation: sooperkanoon.com/1172056
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

Phire Ram

Respondent

Union of India and ors

Excerpt

.....32 bighas 14 biswas in all in village aali shall be deemed to have lapsed.3. though the respondents claimed that possession of the said land was taken on 26.05.1998, the petitioner disputes this and maintains 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 5. (3) sree balaji nagar residential association v. state of tamil nadu and ors: civil appeal no.8700/2013 decided on 10.09.2014; (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 petitioner is 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 siddharth mridul, j november25 2014 dn

Full Judgment

$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:

25. 11.2014 W.P.(C) 4456/2014 PHIRE RAM .... Petitioners versus UNION OF INDIA & ORS ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Rajeev Sharma, Advocate with Mr Pankaj Dubey and Ms Rishu Mishra, Advocates For the Respondents : Ms Abha Malhotra, Advocate for R-1 Mr Yeeshu Jain and Ms Jyoti Tyagi, Advocates for R-2 to R-4 Mr Pawan Mathur, Advocate for R-5 CORAM:HON’BLE MR JUSTICE BADAR DURREZ AHMED HON’BLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT

BADAR DURREZ AHMED, J (ORAL) 1. Mr Yeeshu Jain has handed over the counter affidavit on behalf of respondent No.4 [LAC (South East)].. The same is taken on record. The learned counsel for the petitioner does not wish to file the rejoinder affidavit.

2. 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. W.P.(C) No.4456/2014 acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as ‘the 1894 Act’) in respect of which Award No.03/1997-98 dated 05.12.1997 (followed by corrigendum dated 10.12.1997) was made, inter alia, in respect of the petitioner’s land comprised in Khasra Nos.291 (4-16), 292 (2-4), 293 (1-12), 293 /1 (0-6), 294 (4-16), 295 (4-16), 306 (4-16), 307 (4-18) and 308 (4-10) measuring 32 bighas 14 biswas in all in village Aali shall be deemed to have lapsed.

3. Though the respondents claimed that possession of the said land was taken on 26.05.1998, the petitioner disputes this and maintains 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 5. (3) Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors: Civil Appeal No.8700/2013 decided on 10.09.2014; (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 petitioner is 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 SIDDHARTH MRIDUL, J NOVEMBER25 2014 dn

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