Bhim Singh vs Govt Of Nct Of Delhi & Another on 20 December, 2016

1. Bhim Singh v. Govt of NCT of Delhi & Ors (WPC 9101/2014) is

the lead matter in this batch of petitions. The facts are virtually identical

except for the description of the petitioners and the lands and some dates.

They all pertain to the same acquisition proceeding under the Land

Acquisition Act, 1894 (hereinafter referred to as „the 1894 Act‟).

2. In all the petitions the benefit of section 24(2) of The Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 (hereinafter referred to as „the 2013 Act‟) has

W.P.(C) No.9101/2014 & Ors Page 16 of 29
been sought. The petitioners seek a declaration that the land acquisition

proceedings in respect of their lands be deemed to have lapsed in view of

the provisions of section 24(2) of the 2013 Act. This is sought on the

assertion that though they have received compensation, they continue to

be in actual physical possession of the lands in question and the award

was also made more than five (5) years prior to the commencement of the

2013 Act (i.e., 01.01.2014). On the other hand the respondents contend

that although the award was made more than 5 years prior to the

commencement of the 2013 Act, the petitioners cannot get the benefit of

section 24(2) of the 2013 Act because the actual physical possession of

the lands in question had been taken by the Land Acquisition Collector

and compensation had also been admittedly paid to and received by the

petitioners/landowners. It was further contended on behalf of the

respondents that the petitioners had also, while receiving additional

payment under a Special Rehabilitation Package, given up all their rights

in respect of the said acquired lands and therefore they could not seek any

benefit under section 24(2) of the 2013 Act.

Source: Indian Kanoon

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