M. R. SHAH, C. T. RAVIKUMAR
Delhi Development Authority – Appellant
Versus
Shyamo – Respondent
JUDGMENT :
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 20.12.2017 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No.12174 of 2015 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 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 Delhi Development Authority has preferred the present appeal.
2. From the impugned judgment and order passed by the High Court it appears that it was the specific case on behalf of the LAC before the High Court and so stated in the counter affidavit filed by the LAC that a notification under Section 4 of the Land Acquisition Act, 1894 was issued on 23.09.1989 for planned development of Delhi for the acquisition of the lands falling in Village Ghonda Gujaran Khadar. That award was declared on 19.06.1992 and the actual vacant physical possession of the subject land was taken on 21.03
Non-tendering of compensation does not lead to lapse of acquisition proceedings if possession has been taken over as per Section 24(2) of 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....
The interpretation of Section 24(2) requires both possession and compensation to be considered for deeming land acquisition proceedings as lapsed.
Lapse of land acquisition proceeding – Subsequent purchaser has no right to claim lapse of acquisition proceedings.
Once possession is taken, there shall be no deemed lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013.
Lapse of land acquisition proceeding – Original writ petitioner cannot be permitted to take benefit of his own conduct/wrong.
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....
Non-payment or non-deposit of compensation does not lead to a lapse if possession has been taken or if compensation has been paid.
Possession taken or compensation paid prevents a lapse under Section 24(2) of the Act, 2013.
For lapsing of acquisition under Section 24(2) of the Act, both possession not taken and compensation not tendered are required to be satisfied.
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