$~41 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 06.10.2015 W.P.(C) 5267/2015 & CM 9536/2015 MAHESH RAHEJA Petitioner versus UNION OF INDIA AND ORS Respondents Advocates who appeared in this case: For the Petitioner : Mr [ENTITY] For the Respondent LAC/L&B : Mr [ENTITY] with Ms [ENTITY] For the Respondent DDA : Mr [ENTITY] CORAM: HON'BLE MR JUSTICE [ENTITY] HON'BLE MR JUSTICE [ENTITY] JUDGMENT
[ENTITY], J (ORAL)
1. By way of this writ petition the petitioner is seeking the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitat[ACT] (hereinafter referred to as 'the 2013 Act') which came into effect on 01.01.2014. The petitioner, consequently, seeks a declaration that the acquisition proceeding initiated under the [ACT] (hereinafter referred to as 'the 1894 Act') and in respect of which Award No.26/2002-03 dated 23.10.2002 was made, inter alia, in respect of the petitioner's land comprised in khasra nos. 25 2 min (0-11), 8/2 (0-4) and 25 9 (0-11) measuring 1 bigha and 6 biswas in village Bharthal, Delhi, shall be deemed to have lapsed.
2. It is an admitted position that neither physical possession of the subject lands has been taken by the land acquiring agency, nor has any compensation been paid to the petitioner. The award was made more than five years prior to the commencement of the 2013 Act. All the ingredients of [SECTION] of the 2013 Act as interpreted by the Supreme Court and this Court in the following decisions stand satisfied:-
(i) Pune Municipal Corporation and Anr v.
Harakchand Misirimal Solanki and Ors: (2014) 3 SCC 183;
(ii) Union of India and Ors v. Shiv Raj and Ors:
(2014) 6 SCC 564;
(iii) [PRECEDENT] decided on 10.09.2014; and
(iv) Surender Singh v. Union of India and Ors.:
W.P.(C) 2294/2014 decided 12.09.2014 by this Court.
3. 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 lands are deemed to have lapsed. It is so declared.
4. The writ petition is allowed to the aforesaid extent. There shall be no order as to costs.
[ENTITY], J [ENTITY], J OCTOBER 06,2015 kb