$~61 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 23.02.2016 W.P.(C) 8565/2015 & CM 18505/2015 ANUPAMA KAPOOR AND ORS Petitioners versus UNION OF INDIA AND ORS Respondents Advocates who appeared in this case: For the Petitioner : Mr [ENTITY] with Mr [ENTITY], Mr APS Sehgal For the Respondent L&B : Mr [ENTITY] 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. 2 is taken on record. The learned counsel for the petitioners does not wish to file any rejoinder affidavit and reiterates the contents of the writ petition in response to the said counter affidavit.
2. By way of this writ petition the petitioners seek the benefit of [SECTION] of the [ACT] (hereinafter referred to as 'the 2013 Act') which came into effect on 01.01.2014. The petitioners, consequently, seek a declaration that the acquisition proceeding initiated under the [ACT] (hereinafter referred to as 'the 1894 Act') and in respect of which Award No.15/1987-88 dated 05.06.1987 was made, inter alia, in respect of the petitioners' land comprised in khasra nos. 1012 min (3-0), 1013 min (0-4), 1025 min (0-5), 1028 min (4-7) and 1029 min (2-5) measuring 10 bigha 2 biswas in all in village Chattarpur, Delhi, shall be deemed to have lapsed.
3. In this petition khasra no. 1027 min (4-17) was also claimed but, according to the learned counsel for the Land Acquisition Collector, that khasra was not acquired under the said award.
4. 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 petitioners. 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) [PRECEDENT];
(ii) [PRECEDENT];
(iii) [PRECEDENT] decided on 10.09.2014; and
(iv) [PRECEDENT] decided 12.09.2014 by this Court.
5. As a result the petitioners are 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.
6. The writ petition is allowed to the aforesaid extent. There shall be no order as to costs.
[ENTITY], J [ENTITY], J FEBRUARY 23, 2016 kb