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2023 Supreme(SC) 537

ABHAY S. OKA, RAJESH BINDAL
Government of NCT of Delhi – Appellant
Versus
Ravinder Kumar Jain – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Chandra Prakash, AOR Mr. Vivek Singh, Adv. Mr. C.p.rajwar, Adv. Ms. Somi Sharma, Adv. Mr. Ramesh Kumar, Adv.
For the Respondent(s): M/S. Mitter & Mitter Co., AOR Mr. Nitin Mishra, AOR

JUDGMENT :

Rajesh Bindal, J.

1. Challenge in the present appeal is to the order passed by the High Court of Delhi in W.P.(C) No.6912 of 2014 vide which the writ petition filed by the respondent no.1 invoking 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”) was allowed and it was held that the acquisition in question had lapsed for the reason that neither the possession of the land was taken nor the compensation therefor was paid.

2. The argument raised by the learned counsel appearing on behalf of the appellant is that the original owner of the land challenged the acquisition by filing W.P.(C) No.1229 of 1986 which was dismissed for non-prosecution on 09.12.2004. The respondent No.1 claimed that he had purchased the land in question from the original owner in terms of the no objection certificate granted to him under Section 8 of the Delhi Lands (Restrictions on Transfer) Act, 1972 (hereinafter referred to as “the 1972 Act”), vide sale deed dated 18.06.2023. The respondent No.1 also filed writ petition challenging the acquisition, after the purchase of the land, b


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