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2022 Supreme(SC) 1203

M. R. SHAH, C. T. RAVIKUMAR
Government of NCT of Delhi – Appellant
Versus
Krishna Saini – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Sujeeta Srivastava, AOR
For the Respondent(s): Mr. Sanjay Kumar Visen, AOR Mr. Sanjeev Prakash Upadhyay, Adv. Ms. Prachi Chahal, Adv. Ms. Ritu Rastogi, Adv. Mr. Sandeep Joshi, Adv. Ms. Himani Bhatnagar, Adv. Mr. Sandeep Joshi, Adv. Mr. Ravi Bharuka, AOR Ankit Agarwal, Adv.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 10135 of 2015 by which the High Court has declared that the acquisition proceedings initiated under the Land Acquisition Act, 1894 (hereinafter referred to as “Act, 1894”) in respect of the subject land is deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “Act, 2013”), the Government of NCT of Delhi has preferred the present appeal.

2. We have gone through the impugned judgment and order passed by the High Court. Before the High Court, it was the specific case on behalf of the appellants -original respondents that the possession of the subject land was taken on 05.09.2002. The same was disputed by the original writ petitioners. However, thereafter, solely on the ground that the compensation has not been tendered and relying upon the decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183, the High Court has


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