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2023 Supreme(SC) 106

M. R. SHAH, C. T. RAVIKUMAR
Government of NCT of Delhi – Appellant
Versus
Subhash Gupta – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Sujeeta Srivastava, AOR
For the Respondent(s): Mr. Rahul Bhatia, AOR Ms. Manika Tripathy, AOR Mr. Ashutosh Kaushik, Adv. Mr. Manish Vashist, Adv. Mr. Mishra Saurabh, AOR Mr. Sahil Tagotra, AOR Mr. Abhishek Pandey, Adv. Ms. Abhivyakti Banerjee, Adv. Ms. Sakshi Garg, Adv. Mr. Nitin Mishra, AOR Mr. Ishaan Sharma, Adv. Ms. Sunieta Ojha, 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. 2458 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 land 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 Govt. of NCT of Delhi has preferred the present appeal.

2. From the impugned judgment and order passed by the High Court and even so stated in the counter affidavit filed before the High Court, it appears that the possession of the land in question could not be taken because of the operation of the stay order in Writ Petition (C) No. 14129 of 2005 and the same came to be continued by this Court till 11.02.2015. Therefore, there was a stay operating against the taking over of the possession even on the


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