$~ 74 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 08.12.2014 [CASE NUMBER] &CM 10583/2014 [ENTITY] & SATYVIR Petitioner versus [ENTITY] AND ORS Respondents Advocates who appeared in this case: For the Petitioner : Mr [ENTITY] with Mr [ENTITY], Mr [ENTITY] and Ms [ENTITY] For the Respondents : Mr [ENTITY] Mr [ENTITY], CGSC with Ms [ENTITY] for R-1. Mr [ENTITY] for DDA. CORAM: HON'BLE MR JUSTICE [ENTITY] HON'BLE MR JUSTICE [ENTITY] JUDGMENT
[ENTITY], J (ORAL)
1. The counter affidavit handed over by Mr [ENTITY] on behalf of respondent no.5 is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder affidavit and submits that he shall be relying on the averments made in the writ petition.
2. By way of this writ petition the petitioner is seeking the benefit of [SECTION] of the [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. 03/DC(W)/2005-2006 dated 27.01.2006 was made, inter alia, in respect of the petitioner's land comprised in Khasra Nos. 25 16/1/2(0-01), 25 16/2/1 (0-03), 25 23/7 (0-
04), 25 25/1 (4-08) and 25 25/2 (0-04) measuring 5 bighas in Village Mundka, Delhi, shall be deemed to have lapsed.
3. 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;
(iv) Surender Singh vs. Union of India and Ors.:
W.P.(C) 2294/2014 decided 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 lands 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 DECEMBER 08, 2014 kb