$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11854/2018 SHRI DHANRAJ SINGH JAIN AND ANR. .....Petitioners Through: Mr Rana Ranjit Singh, Mr Ravish Singh and Ms Akanksha Singh, Advocates. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr Sanjay Kumar Pathak, SC, Mr Sunil Kumar Jha, Mr M S Akhtar, and Mr Mayank Madhu, Advocates for LAC/L&B/GNCTD. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 06.03.2025 CM APPL. 13556/2025(for modification of order dated 31.01.2025) 1. This is an application filed by the petitioners, inter alia, praying for rectification of the order dated 31.01.2025 in as much as it refers to the date on which the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force as 19.12.2013 instead of correct date as 01.01.2014. 2. In view of the above, paragraphs no. 7 and 17 of the order dated 31.01.2025 are rectified to read as under: - “7. Learned counsel raises a preliminary objection that the petitioners have approached this Court after a long delay and the present petition ought to be dismissed on account of insurmountable delay and laches. He states that no compensation is required to be paid, since the petitioners did not This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2025 at 11:49:36 approach this Court even after the demarcation reported dated 09.07.2013 for atleast 6 years thereafter. That apart, he states that even if the petitioners are entitled to compensation for the period with effect from 06.03.2003, the same would be in nature of damages. Dilating further he states that it is trite that damages can be claimed only by adducing proof thereof by way of a Civil Suit inasmuch as such cases would have complex and disputed questions of fact. On the issue of the respondents acquiring excess parcel of land in question and paying compensation under the LA Act is concerned, he submits that the same can only be done with effect from 01.01.2014, when the Act, 2013 came into force. According to him, the market rate of excess parcel of land in question can be reckoned as on 01.01.2014. 17. So far as the issue of acquisition of the parcel of land in question is concerned, the Act 2013 came into force with effect from 01.01.2024, repealing the LA Act, yet, saving the general application of the section 6 of the General Clauses Act, 1897 with regard to the effect of repeals. Learned counsel for the respondents had contended that the market value of the parcel of land in question may be reckoned with effect from the date when the Act, 2013 came into force i.e. 01.01.2014. According to learned counsel determination of the market value as in the year 2025 may amount to windfall for the petitioners and considering the equitable jurisdiction, this Court may direct valuation of the parcel of land in question to be reckoned as on 01.01.2024. We are not persuaded by this argument and find no merit in it. There is little doubt that the respondents had no right, authority, or jurisdiction to take possession of land of a citizen except in This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2025 at 11:49:36 accordance with law established under the Constitution. Nothing has been placed on record even today as to why and for what reason the market value of the said parcel of land in question must be reckoned as on 01.01.2024. It is obvious that the notification for acquisition of the parcel of land in question would be issued by the respondents post our judgment. Thus, we find neither logic nor any rationale as to why the market value of the said parcel of land in question should not be reckoned as on date. We hold so.” 3. The application is disposed of in above terms. 4. The Registry is directed to upload the corrected version of the order dated 31.01.2025 on the strength of this order. VIBHU BAKHRU, J TEJAS KARIA, J MARCH 06, 2025 M Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2025 at 11:49:36