UNION OF INDIA Vs. SUBHASH CHANDER SEHGAL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 1/3/2016 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No.1648 of 2015 whereby the High Court has declared that the acquisition proceedings with respect to the subject land had lapsed in terms of Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the Act 2013'), the Union of India through Land Acquisition Collector and Another have preferred the present appeal.

(2.) We have heard Ms. Sujeeta Srivastava, learned counsel appearing on behalf of the appellants and Mr. S.K. Rout, learned counsel appearing on behalf of the respondent nos. 1 to 4.

(3.) The undisputed facts are that in the present case, the possession of the land in question was already taken over by the appropriate authority in the year 1987. It is also an admitted position that the subject land has been utilized way back in the year 1987 for a park by East Delhi Municipal Corporation. However, despite the above and relying upon the decisions of this Court in the case of Pune Municipal Corporation and another versus Harakchand Misirimal Solanki and others reported in (2014) 3 SCC 183 and Sree Balaji Nagar Residential Association vs. State of Tamil Nadu, (2015) 3 SCC 353, the High Court has declared that the acquisition proceedings in respect of the subject land had lapsed in terms of Sec. 24(2) of the Act, 2013.