Delhi Development Authority vs Rajesh Dua

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 52

M. R. SHAH, C. T. RAVIKUMAR
Delhi Development Authority – Appellant
Versus
Rajesh Dua – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Mishra Saurabh, AOR
For the Respondent(s): Mr. Mohit Kumar Gupta, AOR Ms. Sujeeta Srivastava, 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. 6478 of 2017 by which the High Court has allowed the said writ petition preferred by the respondent Nos. 1 and 2 herein 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. In the present case, the land in question was acquired in the year 1964 and the award was declared in the year 1967. According to the Land Acquisition Collector (LAC) and so stated in the counter affidavit filed before the High Court, the possession of the land in question was taken over in the year 1967 by drawing the panchnama. The compensation with respect to the land in question was duly deposited with the Reference Court in the year 1967 itself. That t