$~62 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 28.11.2016 W.P.(C) 7568/2015 BHAGAT SINGH Petitioner versus UNION OF INDIA & ORS Respondents Advocates who appeared in this case: For the Petitioner : Mr [ENTITY] For the Respondent LAC/L&B : Mr [ENTITY] For the Respondent DDA : Ms [ENTITY] For the Respondent UOI : Mr [ENTITY] with Mr Santwana 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.205/1986-87 dated 19.09.1986 was made, inter alia, in respect of the petitioner's land comprised in Khasra Nos. 228/1 (2-16), 229 (4-4), 230/1(2-
12), 250 (4-16), 252/2 (2-16), 269/1 (2-0), 270 (4-16) measuring 24 bighas in all (to the extent of a 1/12th share) in village Kotla Mahigram shall be deemed to have lapsed.
2. Though the respondents claimed that possession of the said land was taken on 04.12.1986, 12.12.1996 and 05.03.1997, 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] 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 28, 2016 SR