Delhi Development Authority vs Asha Prakash

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 53

M. R. SHAH, C. T. RAVIKUMAR
Delhi Development Authority – Appellant
Versus
Asha Prakash – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Ashwani Kumar, AOR Mr. Anshay Dhatwalia, Adv.
For the Respondent(s): Mr. Gagan 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. 9545 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. Having heard the learned counsel appearing on behalf of the respective parties and on going through the impugned judgment and order passed by the High Court, it appears that a specific plea was raised before the High Court on the maintainability of the writ petition by the original writ petitioner as he was the subsequent purchaser. However, relying upon the decision of this Court in the case of Government (NCT of Delhi) Vs. Manav Dharam Trust and Anr., (2017) 6 SCC 751, the High Court has overruled the