On 30.01.2018, the Division Bench of the Hon’ble Delhi
High Court held that the land acquisition proceedings get lapsed in case Award
is passed by the Collector 5 years prior to the commencement of the Land Acquisition, Rehabilitation and Resettlement (LARR) Act, 2013. The
said judgment was passed in “Naresh Chandra
Rastogi & Ors. vs. Govt. of NCT of Delhi & Anr.” [W.P. (C) 5706/2017].
Anuj Aggarwal, Advocate argued that in view of
Section 24 of the LARR Act, 2013, where Award is passed by the Collector 5 years prior to the commencement of LARR Act, 2013 and where
either the physical possession of the
land has not been taken or the compensation has not been paid/tendered, then
the land acquisition proceedings stand lapsed.
The Hon’ble Delhi High Court accepted the submission
made by Anuj Aggarwal, Advocate and declared that that land acquisition
proceeding initiated by Delhi Government with respect to the land situated in the revenue estate of Village Khanpur,
Tehsil Mehrauli, New Delhi, stood lapsed. The Award in the case was passed by
the Land Acquisition Collector on 16.07.1987.
