$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 03.11.2014 + W.P.(C) 6034/2014 & CM No.14705/2014 GREEN FINANCE PVT. LTD. Petitioner versus UNION OF INDIA & ORS Respondents Advocates who appeared in this case: For the Petitioner :Mr [ENTITY], Advocate with Mr [ENTITY], Mr [ENTITY] and Ms [ENTITY], Advocates For the Respondents :Ms [ENTITY], Advocate with Mr [ENTITY], Advocate for R-1 & R-2 Mr [ENTITY], Advocate for R-3 Ms [ENTITY], Advocate for Mr [ENTITY], Advocate for R-4 & R-5 CORAM:- HON'BLE MR JUSTICE [ENTITY] HON'BLE MR JUSTICE [ENTITY] JUDGMENT
[ENTITY], J (ORAL)
1. The petitioner seeks the benefit of [SECTION] of the [ACT] (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 [ACT] (hereinafter referred to as 'the 1894 Act') in respect of which Award No.24-A/1974-75 dated 24.06.1983 was made, inter alia, in respect of the petitioner's land comprised in Khasra Nos.191/1 (1 bigha 10 biswas) 193/2 (2-0), 193/1 (0-10) and 194/2/1 (0-13) measuring 4 bighas and 13 biswas in all in village Sultanpur shall be deemed to have lapsed.
2. Though the respondents claimed that possession of the said land was taken on 27.06.1983, 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.
3. 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] of the 2013 Act as interpreted by the Supreme Court and this Court in the following cases stand satisfied:-
(1) [PRECEDENT];
(2) [PRECEDENT];
(3) [PRECEDENT] decided on 10.09.2014;
(4) [PRECEDENT] decided on 12.09.2014 by this Court; and (5) [PRECEDENT]:
WP(C) 2759/2014 decided on 12.09.2014 by this Court.
4. 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.
5. The writ petition is allowed to the aforesaid extent. There shall be no order as to costs.
[ENTITY], J [ENTITY], J NOVEMBER 03, 2014 dn