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2023 Supreme(SC) 56

M. R. SHAH, HIMA KOHLI
Secretary, Land & Building Department Govt. of NCT of Delhi – Appellant
Versus
Om Prakash (Dead) Through LRs. – Respondent


Advocates appeared:
For the Parties : Ms. Sujeeta Srivastava, AOR Ms. Manika Tripathy, AOR Mr. Ishaan Sharma, Adv. Mr. Ashutosh Kaushik, Adv. Mr. manish Vashist, Adv. Ms. Supriya Juneja, AOR Mr. Nitin Mishra, AOR Mr. Ishaan Sharma, Adv.

JUDGMENT

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 18.07.2017 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 5664 of 2014, by which, the High Court has allowed the said writ petition and has declared that the acquisition proceedings with respect to the land(s) 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 Government of NCT of Delhi and Delhi Development Authority have preferred the present appeals.

2. In the present case, the notification under Section 4 of the Land Acquisition Act, 1894 was issued as far back as on 23.01.1965. Award was declared on 09.01.1981. According to the Govt. of NCT of Delhi and as per the counter affidavit filed before the High Court, possession of the land in question was taken over and handed over to the beneficiary department on 23.09.1981. However, payment of compensation with respect to the land(s) in question could not be ascertained due to torn condition of the Naksha Muntzamin.

2.1 That after a period of app


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