M. R. SHAH, C. T. RAVIKUMAR
Govt. of NCT of Delhi – Appellant
Versus
Manjeet Kaur – 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. 6158 of 2016, by which, the High Court has allowed the said writ petition and has declared that the acquisition proceedings with respect to Khasra No. 668/1 min (012) and 668/2 (01-08) total admeasuring 2 bighas situated at the Revenue Estate of Village Satbari, New Delhi, 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 Government of NCT of Delhi & Anr. have preferred the present appeal.
2. Heard learned counsel appearing on behalf of the respective parties at length and perused the impugned judgment and order passed by the High Court. From the impugned judgment and order passed by the High Court, it appears that the High Court has allowed the 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 Act, 2013, relying upon the decision of this Court in the case of Pune Municipal
Indore Development Authority Vs. Manoharlal and Ors.
Indore Development Authority Vs. Manoharlal and Ors. (2020) 8 SCC 129 – Applied [Para 6]
Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors.
Shiv Kumar & Anr. Vs. Union of India & Ors. (2019) 10 SCC 229 – Relied [Para 3]
Lapse of land acquisition proceeding – Subsequent purchaser has no locus to claim lapse of acquisition proceedings.
Lapse of land acquisition proceeding – If acquiring body/beneficiary was not able to take possession due to pending litigation in a proceeding initiated by land owner, thereafter land owner cannot be....
A subsequent purchaser has no standing to challenge the acquisition or lapse of acquisition proceedings.
Lapse of land acquisition proceeding – Landowners who had refused to accept compensation or who sought reference for higher compensation, cannot claim that acquisition proceedings had lapsed under Se....
A subsequent purchaser cannot challenge land acquisition if possession has been taken over before their purchase.
Lapse of land acquisition proceeding – Subsequent purchaser has no right to claim lapse of acquisition proceedings.
Lapse of land acquisition proceeding – There cannot be any lapse of acquisition under Section 24(2) of Act, 2013 on the ground of possession could not be taken over by authority and/or compensation c....
Lapse of land acquisition proceeding – Subsequent purchaser is not entitled to claim lapsing of proceedings under Act, 2013.
Lapse of land acquisition proceeding – If compensation has not been paid due to inter se dispute between co-owners, thereafter, it will not be open for landowners to make a grievance that once compen....
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