The central legal point established in the judgment is the interpretation of the provisions of the Land Acquisition Act and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

ORDER

M. R. Shah, J. - Present application has been preferred on behalf of Respondent Nos.1 and 2 in the appeal with a prayer to recall the judgment and order dated 23.02.2022 passed in Civil Appeal No.1574 of 2022 and to pass the similar order which has been passed by this Court in Civil Appeal No.6796 of 2021.

2. Having heard the learned counsel for the respective parties and considering the averments made in the application and considering the fact that with respect to the same notification under Section 4 read with Section 17(1) & (4) of the Land Acquisition Act, 1894, the matters are remitted back to the High Court pursuant to the judgment and order passed by this Court vide order dated 12.11.2021 in Civil Appeal No.6796 of 2021 titled Delhi Development Authority versus Anil Kumar Gupta and others, the present application is allowed. The judgment and order passed by this Court dated 23.02.2022 passed in Civil Appeal No.1574 of 2022 is hereby recalled and said appeal is heard today afresh.

3. Present application is accordingly allowed.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1574 OF 2022

Delhi Development Authority ..Appellant

Versus

Ashok Kumar & Ors. ..Respondents

O R D E R

M. R. Shah, J.

1. Leave granted. 2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 22.01.2018 passed by the High Court of Delhi at New Delhi in WP(C) No.9989 of 2015 by which the High Court has allowed the said writ petition preferred by the respondent herein original writ petitioners and has declared that the land acquisition proceedings with respect to the land in question as having been lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 2013 Act'), the Delhi Development Authority has preferred the present appeal. 3. Learned Counsel appearing on behalf of the original writ petitioner has drawn our attention to the judgment and order passed by this Court in Civil Appeal No.6796 of 2021 in Delhi Development Authority versus Anil Kumar Gupta & Others by which with respect to the same Notification under Section 4 read with Section 17(1) and (4) of the Land Acquisition Act, 1894 and the Award No.2/1998-99 dated 07.01.1999, the matter is remanded to the High Court to decide the writ petition afresh. 4. Learned counsel appearing on behalf of the appellant - Delhi Development Authority is not disputing the above. 5. The order passed by this Court in Civil Appeal No.6796 of 2021 in Delhi Development Authority versus Anil Kumar Gupta & Others, the aforesaid judgment and order is qua the same Notification under Section 4 read with Section 17(1) and (4) of the Land Acquisition Act, 1894. Therefore, it will be in the fitness of the things that in the present case also while quashing and setting aside the impugned judgment and order, the matter be remanded to the High Court with a direction to the High Court to decide and dispose of the writ petition

afresh along with Writ Petition (C) No.10136 of 2015 and other allied

matters.

6. In view of the above and on the aforesaid ground alone and without expressing anything on merits in favour of either party, the present appeal is allowed. The impugned judgment and order passed by the High Court is set aside. The matter is remanded to the High Court to decide the same afresh in accordance with law and on its own

merits.

6.1 All contentions available to the both sides are left open, to be considered by the High Court on its own merits if we remand the writ petition. The present writ petition be heard on remand along with Writ Petition (C) No.10136 of 2015. 6.2 The parties to appear before the High Court at the first instance on 09.05.2022. 6.3 Considering the earlier order passed by this Court in the case of Anil Kumar Gupta (supra), by which this Court requested the High Court to expeditiously dispose of the writ petition, we once again requested the High Court to expedit