M. R. SHAH, C. T. RAVIKUMAR
Govt. of NCT of Delhi – Appellant
Versus
Bhagrati – Respondent
JUDGMENT :
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.11.2017 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 12139 of 2015 by which the High Court has allowed the said writ petition preferred by the private respondent no.1 herein – original writ petitioner and has declared that the acquisition with respect 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 Government of NCT of Delhi has preferred the present appeal.
2. From the impugned judgment and order passed by the High Court and the counter affidavit filed on behalf of the appellant/LAC before the High Court, it appears that it was the specific case on behalf of the appellant and others – original respondents that the award with respect to the land in question was declared on 19.06.1992 and the actual vacant physical possession of the subject land was taken on 21.03.2007, out of which the original writ petitioner is claiming 1/12th share. It was also the case on behalf of the
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....
The interpretation of Section 24(2) requires both possession and compensation to be considered for deeming land acquisition proceedings as lapsed.
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.
Non-tendering of compensation does not lead to lapse of acquisition proceedings if possession has been taken over as per Section 24(2) of Act 2013.
Non-payment or non-deposit of compensation does not lead to a lapse if possession has been taken or if compensation has been paid.
Lapse of land acquisition proceeding – Original writ petitioner cannot be permitted to take benefit of his own conduct/wrong.
Lapse of land acquisition proceeding – Subsequent purchaser has no right to claim lapse of acquisition proceedings.
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 – Once possession of land in question was taken over on 12.03.1981 then acquisition of land in question is not deemed to have lapsed under Section 24(2) of Right ....
Lapse of land acquisition proceeding – If compensation has not been paid due to inter se dispute between co-owners, thereafter, it will not be open for landowners to make a grievance that once compen....
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