RAKESH GARG vs UNION OF INDIA

Judgment text excerpt

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 19.02.2025 + W.P.(C) 12057/2015 CHANCHAL MITTAL .....Petitioner Through: Mr D V Khatri, Mr Harshad Gupta and Mr S S Khatri, Advocates. versus UNION OF INDIA & ORS .....Respondents Through: Ms Manika Tripathy, SC, Mr Ashutosh Kaushik, Mr Gautam Yadav and Mr Sanjay Singh, Advocates for DDA. Mr Sanjay Kumar Pathak, SC, Mr Sunil Kumar Jha, Mr M S Akhtar, and Mr Mayank Madhu, Advocates for R2 and R4. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA VIBHU BAKHRU, J. (Oral) 1. The petitioner has filed the above captioned petition, inter alia, praying that the acquisition of land comprising in Khasra No.47/5min, measuring 1 bigha, situated in the revenue estate of Village Mamoorpur, Narela, Delhi-110040 (hereafter the subject land) had lapsed by virtue of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereafter the 2013 Act). Signature Not Verified Digitally Signed W.P. (C) 12057/2015 Page 1 of 9 By:TARUN RANA Signing Date:27.02.2025 12:17:30 2. The Notification under Section 4 of the Land Acquisition Act, 1894 (hereafter the LA Act) in respect of certain lands including the subject land was issued on 02.05.2001. This was followed by a declaration under Section 6 of the LA Act, which was issued by a Notification dated 23.04.2002. Thereafter, an award under Section 11 of the LA Act (Award no.28/2003- 04) was made on 17.02.2004 in respect of the acquired lands falling within the revenue estate of Village Mamoorpur including the subject land. 3. It is the petitioner’s case that he has neither received compensation for the subject land nor has the Land Acquisition Collector (hereafter the LAC) taken over possess