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2023 Supreme(SC) 156

M. R. SHAH, C. T. RAVIKUMAR
Land Acquisition Collector – Appellant
Versus
Jai Prakash Tyagi – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Astha Tyagi, AOR Mr. Dinesh Chander Trehan, Adv.
For the Respondent(s): Mr. Archit Upadhayay, AOR Ms. Manika Tripathy, AOR Mr. Ashutosh Kaushik, Adv. Mr. Manish Vashist, Adv.

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. 2198 of 2015, by which, the High Court has allowed the said writ petition and has declared that the acquisition proceedings with respect to the subject lands in question comprised in Khasra Nos. 35/2/2 (6-04), 36/2/2 (4-13) and 40/2/2 (5-01) total measuring 15 bighas 18 biswa situated in revenue estate of village Wazirabad are 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 Land Acquisition Collector, New Delhi has preferred the present appeal.

2. From the impugned judgment and order passed by the High Court and from the counter affidavit filed on behalf of the LAC (Land Acquisition Collector) before the High Court, it appears that it was the specific case on behalf of the LAC that the possession of Khasra No. 35/2/2 measuring 6 bighas 04 biswa was taken over on 22.09.1997; as regards Khasra No. 36/2/2 measuring 4 bighas 13 biswa possession was taken over in respect


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