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2023 Supreme(SC) 46

M. R. SHAH, C. T. RAVIKUMAR
Delhi Development Authority – Appellant
Versus
Shakuntla Devi – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Ashwani Kumar, AOR Mr. Anshay Dhatwalia, Adv.
For the Respondent(s): Ms. Astha Tyagi, AOR

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. 5053 of 2016 by which the High Court has allowed the said writ petition preferred by the respondent No. 1 herein – original writ petitioner 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 has preferred the present appeal.

2. In the present case, the notification under Section 4 of the Act, 1894 was issued on 27.06.1996. The Award was also passed vide Award dated 22.06.1999. According to the Land Acquisition Collector (LAC) and as per the counter affidavit filed by the LAC before the High Court, it appears that it was the specific case on behalf of the original respondents that the actual vacant peaceful possession of the subject land falling in Khasra No. 759(4-16


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