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M. R. SHAH, C. T. RAVIKUMAR
Delhi Development Authority – Appellant
Versus
Raj Singh – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 27.11.2018 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No. 10800 of 2016 by which the High Court has allowed the said Writ Petition and has declared that the land acquisition proceedings with respect to the land in question under Land Acquisition Act, 1894 is deemed to have lapsed under sub-section (2) of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Act 2013’) the Delhi Development Authority has preferred the present appeal.
2. From the impugned judgment and order passed by the High Court it appears that though in the counter affidavit filed before the High Court filed by the Land Acquisition Collector it was stated that the possession was taken on 19.01.2006. However, the details of the payment of compensation are not available with the LAC Branch and therefore it is not possible to state anything about payment of compensation, the High Court has allowed the Writ Petition and has declared that the land acquisition with respect to the land in
Lapse of land acquisition proceeding – Once possession has been taken there is no lapse under Section 24(2) of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement ....
Possession of land and payment of compensation are crucial factors in determining whether there is a lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, ....
Lapse of land acquisition proceeding – In case a person has been tendered compensation as provided under Section 31(1) of 1894 Act, it is not open to him to claim that acquisition has lapsed under Se....
Once possession is taken, there shall be no deemed lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013.
The interpretation of Section 24(2) requires both possession and compensation to be considered for deeming land acquisition proceedings as lapsed.
Lapse of land acquisition proceeding – Landowners who had refused to accept compensation or who sought reference for higher compensation, cannot claim that acquisition proceedings had lapsed under Se....
For lapsing of acquisition under Section 24(2) of the Act, both possession not taken and compensation not tendered are required to be satisfied.
Lapse of land acquisition proceeding – In case a person has been tendered compensation as provided under Section 31(1) of 1894 Act, it is not open to him to claim that acquisition has lapsed under Se....
Possession taken or compensation paid prevents a lapse under Section 24(2) of the Act, 2013.
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