M. R. SHAH, C. T. RAVIKUMAR
Govt. of NCT of Delhi – Appellant
Versus
Sunil Jain – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 17.07.2017 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No.2989 of 2016 by which the High Court has allowed the said writ petition preferred by the private respondents herein – original writ petitioners 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 ‘the Act 2013’), the Government of NCT of Delhi has preferred the present appeal.
2. Having gone through the impugned judgment and order passed by the High Court and para 5, it appears that the original writ petitioners being the subsequent purchasers of the land in question they do not derive any right or title to the land at the time of Award and thereafter cannot challenge the acquisition proceedings. Therefore, it was the specific case that the original petitioners had no locus to file the writ petition and seek any relief with respect to the acquisition. From the counter filed before the High
Delhi Administration Through Secretary, Land and Building vs. Pawan Kumar & Ors.
Delhi Development Authority versus Godfrey Phillips (I) Ltd. & Ors
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....
Lapse of land acquisition proceeding – Subsequent purchaser has no locus to claim lapse of acquisition proceedings.
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....
A subsequent purchaser has no standing to challenge the acquisition or lapse of acquisition proceedings.
Lapse of land acquisition proceeding – Subsequent purchaser is not entitled to claim lapsing of proceedings under Act, 2013.
Lapse of land acquisition proceeding – Subsequent purchaser has no right to claim lapse of acquisition proceedings.
A subsequent purchaser cannot challenge land acquisition if possession has been taken over before their purchase.
Lapse of land acquisition proceeding – Subsequent purchasers have no locus to challenge acquisition and/or lapsing of acquisition.
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 – To attract Section 24(2) of Act, 2013 twin conditions of not taking possession and not tendering/payment of compensation are required to be satisfied.
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