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Right to file writ for declaration of lapse of acquisition proceedings


15-Jan-2023 (In Civil Law)
MY FATHER HAD PURCHASED A RESIDENTIAL PLOT OF 156 SQ YARD IN DELHI VIDE A REGISTERED SALE DEED AFTER ISSUE A NOTIFICATION U/S 6 OF LA ACT 1894 FROM RECORDED LAND OWNER IN REVENUE RECORD, WHICH HAS ALREADY BEEN ACQUIRED VIDE A L.A AWARD IN 1968 AND LAND HAS ALREADY BEEN UTILIZED BY D.D.A FOR ITS RESIDENTIAL SCHEME BUT COMPENSATION HAS NOT BEEN PAID TILL NOW BY L.A.C NEITHER TO RECORDED OWNER NOR TO MY FATHER WHO IS A SUBSEQUENT PURCHASER VIDE A REGISTERED SALE DEED. NOW I WANT TO KNOW WHETHER MY FATHER BEING A SUBSEQUENT PURCHASER , HAVE LOCUS STANDI OR NOT TO FILE A WRIT PETITION IN DELHI HIGH COURT FOR A DECLARATION OF LAPSE OF ACQUISITION PROCEEDINGS UNDER SECTION 24(2) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION , REHABILITATION AND RESETTLEMENT ACT 2013. MY FATHER IS ALSO READY TO ACCEPT HIS PENDING COMPENSATION AS PER PROVISION OF LARR ACT 2013 INSTEAD OF GOING INTO CUMBERSOME AND TIME CONSUMING PROCESS OF AFRESH ACQUISITION UNDER LARR ACT 2013
Answers (1)

Answer #1
971 votes
Yes. you father can. Now these days, our High Court has been flooded with such kind of petitions. But usually in such cases, High Court would ask the petitioners to approach to LAC to submit their claims afresh and Court may also issue certain directions to LAC for considering their claims.

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