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2023 Supreme(SC) 202

M. R. SHAH, C. T. RAVIKUMAR
Government of NCT of Delhi – Appellant
Versus
Dayanand – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Sujeeta Srivastava, AOR
For the Respondent(s): Ms. Smita Maan, AOR Mr. Nitin Mishra, AOR Mr. Ishaan Sharma, 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. 1754 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 Government of NCT of Delhi & Anr. have preferred the present appeal.

2. From the impugned judgment and order passed by the High Court and from the counter affidavit filed by the Land Acquisition Collector (LAC) before the High Court which is reproduced in paragraph 3 of the impugned judgment by the High Court, it was the specific case on behalf of the LAC that out of total land comprised in Khasra No. 115 (1-0) possession of 19 biswa was taken but possession of remaining 01 biswa could not be taken due to built up. It was also the case on behalf of the LAC that after the award was declared the original writ petitioner was issued a notice under Section 12(2) of the Land


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