Delhi High Court – Land acquisition proceedings get lapsed in case Award is passed by the Collector 5 years prior to the commencement of the Land Acquisition Act, 2013

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.

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