Union of India Through Land Acquisition Collector vs Rajesh Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 199

M. R. SHAH, MANOJ MISRA
Union of India Through Land Acquisition Collector – Appellant
Versus
Rajesh Kumar – Respondent

Advocates appeared:
For the Appellant(s) : Ms. Sujeeta Srivastava, AOR
For the Respondent(s): Mr. Charudatta Vijayrao Mahindrakar, AOR Mr. Keshav Hegde, Adv. Mr. Shree Pal Singh, AOR Mr. Nitin Mishra, 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. 9269 of 2014 by which the High Court has allowed the said writ petition and has declared that the acquisition proceedings initiated under the Land Acquisition Act, 1894 (hereinafter referred to as “Act, 1894”) with regard 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 Union of India through Land Acquisition Collector, New Delhi has preferred the present appeal.

2. From the impugned judgment and order passed by the High Court, it appears that it was the specific case on behalf of the appellant before the High Court that the possession of the land in question has been taken. Even in the writ petition before the High Court in para (c), the original writ petitioner had admitted that on 22.09.1997, the possession of the agricultural land (land in question) has been taken. Despite the above and relying upon the decision of this Court in the ca