M. R. SHAH, C. T. RAVIKUMAR
Govt. of NCT of Delhi – Appellant
Versus
Sushil Kumar Gupta – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 30.05.2016 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 1399 of 2014, by which, the High Court has allowed the said writ petition and has declared that the land acquisition proceedings in respect of 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 Government of NCT of Delhi has preferred the present appeal.
2. It is true that there is a huge delay in preferring the appeal which is vehemently opposed by Shri Neeraj Kishan Kaul, learned Senior Advocate appearing on behalf of the contesting respondent(s) – original writ petitioner, however, taking into consideration the other similar orders passed by different benches in condoning such delay in preferring the appeal challenging the order(s) passed by the very High Court declaring that the acquisition is lapsed under Section 24(2) of the Act, 2013 and taking into consideration the fact that while passing the impugned judgment and orde
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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 – 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....
Possession of land and payment of compensation are crucial factors in determining whether there is a lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, ....
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-payment or non-deposit of compensation does not lead to a lapse if possession has been taken or if compensation has been paid.
Non-deposit of compensation in court does not result in the lapse of land acquisition proceedings.
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 – Fact that possession of land in question was taken over on 21.04.2006, there shall not be any deemed lapse of acquisition.
Lapse of land acquisition proceeding – Fact that possession of land in question was taken over on 14.07.1987, there shall not be any deemed lapse of acquisition.
The interpretation and application of Section 24(2) of the Act, 2013 are crucial in determining whether there is a deemed lapse of land acquisition proceedings based on possession, compensation, and ....
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