M. R. SHAH, C. T. RAVIKUMAR
Delhi Development Authority – Appellant
Versus
Bhagi Singh – 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. 8291 of 2015 by which the High Court has allowed the said writ petition 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 the learned counsel for the respective parties.
3. From the impugned judgment and order passed by the High Court, it appears and so stated in the affidavit filed by the Land Acquisition Collector (LAC) before the High Court that the possession of the land in question – Khasra No. 28 was taken over by the DDA through LAC/L&B Department on 21.03.2007. Despite the above, the High Court has declared that the acquisition with respect to the land in question is deemed to have lapsed on the groun
Non-deposit of compensation in court does not result in the lapse of land acquisition proceedings under Section 24(2) of the Act.
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.
Land acquisition proceeding will not lapse where possession of land could not be taken by authority due to pending litigation/stay.
Possession taken or compensation paid prevents a lapse under Section 24(2) of the 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....
Possession of land taken or compensation paid prevents a lapse under Section 24(2) of the Act, 2013.
Possession not being taken due to a court stay does not entitle the landowner to claim benefit under Section 24(2) of Act 2013.
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....
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....
Obtaining a stay on possession precludes landowners from claiming lapse under Section 24(2) of the Act, 2013.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.