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2023 Supreme(SC) 347

ABHAY S. OKA, RAJESH BINDAL
Land and Building Department Through Secretary – Appellant
Versus
Attro Devi – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Atul Kumar, AOR Ms. Sweety Singh, Adv. Ms. Archana Kumari, Adv. Mr. Rahul Pandey, Adv. Mr. Rajiv Ranjan, Adv.
For the Respondent(s): Mr. Rakesh Kumar-I, AOR Ms. Manika Tripathy, AOR Mr. Sumit Gupta, Adv. Mr. Prateek Madnani, Adv. Mr. Rahul Shyam Bhandari, AOR

JUDGMENT :

Rajesh Bindal, J.

1. Delay condoned.

2. Leave granted.

3. The appellants have challenged the order dated 20.12.2017 passed by the High Court of Delhi. Vide aforesaid order, writ petition filed by the respondents was allowed holding that in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “the 2013 Act”), the acquisition in respect to the land in dispute, has lapsed.

4. From the facts of the case as are available on record, it is evident that vide notification dated 23.06.1989 issued under Section 4 of the Land Acquisition Act, 1894 large chunk of the land including the land of petitioner comprised in Khasra No.1 Etc/57/1 and Khasra No.1 Etc/58/1, situated in revenue estate of village Ghonda, Chauhan Khadar, New Delhi was sought to be acquired for planned development of Delhi. It was followed by the notification issued under Section 6 dated 20.06.1990. The Award was announced on 19.06.1992.

5. A writ petition was filed in the High Court invoking Section 24(2) of the 2013 Act claiming that the acquisition in question has lapsed as neither possession has been taken nor the compensati


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