Delhi Development Authority vs Jagan Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 133

M. R. SHAH, C. T. RAVIKUMAR, SANJAY KAROL
Delhi Development Authority – Appellant
Versus
Jagan Singh – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Ashwani Kumar, AOR Mr. Anshay Dhatwalia, Adv.
For the Respondent(s): Mr. Sumit Bansal, Adv. Mr. Gagan Gupta, AOR Mr. Udaibir Kochar, Adv. Ms. Sujeeta Srivastava, AOR Mr. Krishan Kumar, AOR Mr. Nitin Pal, Adv. Mr. Dheeraj Kumar, Adv.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.01.2017 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No. 3164 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 and even as per the finding recorded by the High Court in Para 3, the physical possession of the subject land was admittedly taken on 16.07.2007. However, thereafter relying upon the decision of this Court in the case of Pune Municipal Corporation and Another vs. Harakchand Misirimal Solanki and Others, (2014) 3 SCC 183 and on the ground that the compensation has not been paid to the original petitioner, the High Court has allowed the said writ petition and h