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M. R. SHAH, C. T. RAVIKUMAR
Delhi Development Authority – Appellant
Versus
Rajender Singh – 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. 3561 of 2015, by which, the High Court has allowed the said writ petition 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 “Act 2013”) the Delhi Development Authority has preferred the present appeal.
2. Having heard learned counsel appearing on behalf of the respective parties and having gone through the impugned judgment and order passed by the High Court and even the counter affidavit filed before the High Court by the Delhi Development Authority wherein it was the specific case on behalf of the respondent therein that the possession of lands in question was taken over and handed over to the beneficiary department on 23.09.1981 and the compensation with respect to the said lands was sent in RD due to dispute.
3. However, thereafter despite the above and relying upon the earlier decision of this Court in t
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, ....
Lapse of land acquisition proceeding – Once possession has been taken there is no lapse under Section 24(2) of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement ....
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.
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.
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.
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....
For lapsing of acquisition under Section 24(2) of the Act, both possession not taken and compensation not tendered are required to be satisfied.
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