M. R. SHAH, C. T. RAVIKUMAR
Delhi Development Authority – Appellant
Versus
Narvada Devi – 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. 3383 of 2016 by which the High Court has allowed the said writ petition preferred by the respondent No. 1 herein and has declared that the acquisition with respect to the land in question is deemed to have lapsed by virtue of 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. Before the High Court, the respondent No. 1 – original writ petitioner claimed the relief for a declaration that the acquisition proceedings pertaining to land measuring 504 sq. yards out of Khasra No. 49/14 situated in the area of Village Pehladpur Bangar, National Capital Territory of Delhi are deemed to have lapsed in view of Section 24(2) of the Act, 2013 as neither physical possession of the subject land has been taken nor the compensation has been tendered to the petitioner.
2.1 Before the High Court and so stated in the counter affidavit, it was the
Lapse of land acquisition proceeding – Where actual physical possession of land is not capable of being taken due to illegal occupation by encroachers, there will be no lapsing of acquisition proceed....
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.
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 – Subsequent purchaser has no right to claim lapse of acquisition proceedings.
Non-deposit of compensation in court does not result in the lapse of land acquisition proceedings under Section 24(2) of the Act.
Lapse of land acquisition proceeding – Provisions of Section 24(2) of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 providing for deemed lapse of p....
The interpretation of Section 24(2) requires both possession and compensation to be considered for deeming land acquisition proceedings as lapsed.
Non-payment or non-deposit of compensation does not lead to a lapse if possession has been taken or if compensation has been paid.
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....
Lapse of land acquisition proceeding – Original writ petitioner cannot be permitted to take benefit of his own conduct/wrong.
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