Delhi Development Authority vs Amit Jain

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 160

M. R. SHAH, C. T. RAVIKUMAR
Delhi Development Authority – Appellant
Versus
Amit Jain – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Nitin Mishra, AOR Mr. Ishaan Sharma, Adv.
For the Respondent(s): Ms. Manju Jetley, AOR Ms. Sujeeta Srivastava, 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. 5061 of 2016, by which, the High Court has allowed the said writ petition and has declared that the acquisition of suit land measuring 3 bighas and 18 biswas in Khasra Nos. 10/20/2/1 (2-00) and 21/1 (1-18) and 17/1 (1-9) and land measuring 1 bigha and 9 biswas in Khasra No. 17/1/1 (2-01) vide award No. 04/2008-09 dated 31.10.2008 is deemed to have lapsed by virtue of 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. From the impugned judgment and order passed by the High Court and from the counter affidavit filed by the Govt. of Delhi through LAC before the High Court, it appears that it was the specific case on behalf of the LAC that the physical possession of the property/land bearing Khasra Nos. 17/1/1 min (1-18), 10/20/2/1 (2-0), 21/1 (1-18) was duly taken over by the Government on 29.01.2010. However, remaining 3 biswa land c

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