Attar Singh vs Union Of India And Ors

Sl.No.,W.P.(C) No.,"N a m e of the

Petitioner",Khasra No.,Village

1.,10876/2016,Attar Singh,"43/12 min (1-4),

Khata Khataun

No.34/18","Mohammadpur Majri,

iDelhi

2.,10881/2016,J.P.Gupta,"4 3 / 7 min (2-12),

Khata Khataun

No.3/2","Mohammadpur Majri,

iDelhi

3.,10885/2016,Balwant Singh,"26/21(4-16), 36/1(4-

16), 10(4-16), 11(4-

16) & 38/4 (4-12)

total measuring 23

bighas 16 biswas,

Khata Khataun

No.204/100","Mohammadpur Majri,

Delhi

i

4.,10887/2016,Smt.Sudha Gupta,"43/7 min (2-0), Khata

Khatauni No.3/2","Mohammadpur Majri,

Delhi

5.,10892/2016,Smt.Saroj Bala,"43/12 min (1-0),

Khata Khataun

No.35/18","Mohammadpur Majri,

iDelhi

We have heard the counsel for the parties.,,,,

A reading of Section 24(2) of 2013 Act would show that in case, the physical possession of the acquired land has not been taken or the",,,,

compensation has not been tendered to the land owners, the acquisition proceedings would lapse.",,,,

We may also note that in all these matters as stated during the course of hearing, the Collector had not issued any notice under Section 12(2) of",,,,

the Act, of his award to the land owners.",,,,

Counsel for the petitioners also submits that the petitioners at no point of time refused the acceptance of compensation directly or indirectly by,,,,

approaching any court by filing any writ petition or seeking any stay in the matter.,,,,

Counsel for the DDA on subsequent comments received has submitted that the land in question is required for Smart City.,,,,

There is nothing before us to show that land has been put to use or there is immediately requirement or any specific plan to put the land to use.,,,,

Counsel for the petitioner submits that in case, the land is required; it is open to the respondents to acquire the land afresh.",,,,

Having regard to the submissions made and the stand taken by the respondents in their counter affidavits that the compensation has not been,,,,

tendered to any of the petitioners, we are of the considered view that the petitioners would be entitled to declaration that the acquisition proceedings",,,,

are deemed to have lapsed in respect of the land subject matter of writ petitions, in terms of Section 24(2) of 2013 Act. It is declared accordingly.",,,,

The writ petitions stand allowed.,,,,

CM Nos.42625/2016, 42631/2016, 42637/2016, 42644/2016 & 42687/20916 (for stay)",,,,

All these applications stand disposed of, in view of order passed in the writ petition.",,,,