Govt. of NCT Delhi vs Dinesh Kumar - 2023 Supreme(SC) 436

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 436

M. R. SHAH, C. T. RAVIKUMAR
Govt. of NCT Delhi – Appellant
Versus
Dinesh Kumar – Respondent

Advocates appeared:
For the Appellant(s) Ms. Prachi Bajpai, AOR
For the Respondent(s): Mr. Jaswant Singh Rawat, AOR Mr. V S Tomar, Adv. Ms. Ikshata Parihar, Adv. Mr. Satish Singh, Adv. Ms. Manika Tripathy, AOR Mr. Ashutosh Kaushik, Adv. Mr. Manish Vashist, Adv.

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. 4954 of 2016, 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 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 Govt. of NCT of Delhi has preferred the present appeal.

2. Learned counsel appearing on behalf of the appellant(s) has submitted that in the present case the possession of the disputed land in question was taken on 31.12.2013 and therefore, as per the law laid-down by this Court in the case of Indore Development Authority Vs. Manoharlal and Ors., reported in (2020) 8 SCC 129 there shall not be any deemed lapse of acquisition under Section 24(2) of the Act, 2013.

2.1 On the other hand, learned counsel appearing on behalf of the original writ petitioner – respondent No. 1 herein has submitted that the actual/physical possession is with the original writ petitioner and onl

Click Here to Read the rest of this document