M. R. SHAH, C. T. RAVIKUMAR
Delhi Development Authority – Appellant
Versus
Dayanand – Respondent
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. 3357 of 2016 by which the High Court has allowed the said writ petition preferred by the original writ petitioner- subsequent purchaser and has declared that the acquisition proceedings initiated under the Land Acquisition Act, 1894 (hereinafter referred to as “Act 1894”) with regard to the land in question 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 Delhi Development Authority (DDA) has preferred the present appeal.
2. We have heard Shri Nitin Mishra, learned counsel appearing on behalf of the appellant and Shri Amit Kumar, learned counsel appearing on behalf of respondent No. 1.
3. From the impugned judgment and order passed by the High Court, and even as per the counter affidavit filed by the Land Acquisition Collector and the DDA, it appears that the possession of the subject land had been taken on 26.11.2012 and was handed over to DDA. However, thereafte
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Lapse of land acquisition proceeding – Subsequent purchaser is not entitled to claim lapsing of proceedings under Act, 2013.
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....
Lapse of land acquisition proceeding – Subsequent purchaser has no right to claim lapse of acquisition proceedings.
Lapse of land acquisition proceeding – If acquiring body/beneficiary was not able to take possession due to pending litigation in a proceeding initiated by land owner, thereafter land owner cannot be....
A subsequent purchaser has no standing to challenge the acquisition or lapse of acquisition proceedings.
A subsequent purchaser cannot challenge land acquisition if possession has been taken over before their purchase.
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 – Once possession has been taken there is no lapse under Section 24(2) of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement ....
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....
The application of Section 24(2) of the Act, 2013 does not revive stale claims or reopen concluded proceedings but applies to pending proceedings as on its enforcement date.
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