M. R. SHAH, C. T. RAVIKUMAR
Government of NCT of Delhi – Appellant
Versus
Siddharth Kapoor – 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. 2512 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 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 Government of NCT of Delhi has preferred the present appeal.
2. From the impugned judgment and order passed by the High Court, it appears that the award under Section 11 of the Land Acquisition Act, 1894 (hereinafter referred to as “Act, 1894”) with respect to the land in question was made as far as back on 12.07.2005. According to the appellant and so stated in the counter before the High Court, it was the specific case on behalf of the appellant that the possession of the land in question was taken on 31.08.2005. However, despite the above and relying upon the earlier decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misiri
Non-deposit of compensation in court does not result in the lapse of land acquisition proceedings.
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The interpretation of Section 24(2) requires both possession and compensation to be considered for deeming land acquisition proceedings as lapsed.
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