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C. T. RAVIKUMAR, M. R. SHAH
National Capital Territory of Delhi – Appellant
Versus
Subhash Chander Khatri – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 15.01.2018 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 12143 of 2015 by which the High Court has allowed the said writ petition and has declared that the acquisition with respect to the subject land 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”) however the High Court has observed and held that the original writ petitioner would be entitled to compensation under the Act, 2013, the Land and Building Department of the NCT of Delhi and others have preferred the present appeal.
2. From the impugned judgment and order passed by the High Court, it appears that before the High Court it was the specific case on behalf of the Department that the possession of the subject land has been taken. However, thereafter relying upon the decision of this Court in the case of Pune Municipal Corporation and Another vs. Harakchand Misirimal Solanki and Others, (2014) 3 SCC 183 and on the ground that the compensation has not b
Lapse of land acquisition proceeding – Once possession of subject land was taken over and in fact was put to use prior to 2013 Act came into force, there shall not be any deemed lapse of acquisition.
Lapse of land acquisition proceeding – Once possession has been taken there is no lapse under Section 24(2) of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement ....
Once possession is taken, there shall be no deemed lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013.
Possession of land and payment of compensation are crucial factors in determining whether there is a lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, ....
The interpretation of Section 24(2) requires both possession and compensation to be considered for deeming land acquisition proceedings as lapsed.
Lapse of land acquisition proceeding – Subsequent purchaser has no right to claim 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....
Lapse of land acquisition proceeding – Where actual physical possession of land is not capable of being taken due to illegal occupation by encroachers, there will be no lapsing of acquisition proceed....
Lapse of land acquisition proceeding – Provisions of Section 24(2) of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 providing for deemed lapse of p....
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