Land Acquisition Collector (NW) vs Vivek

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1814

M. R. SHAH, C. T. RAVIKUMAR, SANJAY KAROL
Land Acquisition Collector (NW) – Appellant
Versus
Vivek – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Ms. Sujeeta Srivastava, AOR
For the Respondent: Mr. Sumit Bansal, Adv., Mr. Udaibir Singh Kochar, Adv., Mr. Rajinde Juneja, Adv., Mr. Soumik Ghosal, AOR, Mr. Gaurav Singh, Adv., Ms. Shalini Chandra, AOR, Mr. Ishaan Sharma, Adv.

Table of Content
1. rationale for overruling previous judgments. (Para 3 , 6)
2. background on land acquisition proceedings. (Para 4 , 5)
3. order to remand case to high court. (Para 7)

ORDER :

1. Delay condoned.

2. Leave granted.

3. We have heard learned counsel appearing for the respective parties.

4. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 22.03.2016 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No.5225 of 2015, by which the High Court has allowed the said Writ Petition and has declared that the acquisition with respect to only small portion of the land acquired 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 “the 2013 Act”), the Land Acquisition Collector, Government of NCT of Delhi has preferred the present appeal.

5. From the impugned judgment and order passed by the High Court and even in the counter affidavit filed on behalf of the Land Acquisition Collector [LAC] before the High Court, it appears in para 4 & 5, which reads as under:-