DELHI DEVELOPMENT AUTHORITY Vs. KRISHAN LAL ARORA

JUDGEMENT

(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. 10820 of 2016 by which the High Court has allowed the said writ petition preferred by the original landowner - original writ petitioner - respondent herein, and has held and declared that the acquisition with respect to the land in question has lapsed under Sec. 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 Delhi Development Authority has preferred the present appeal.

(2.) From the impugned judgment and order passed by the High Court, it is seen that though the possession of the land in question was already taken over by the Land Acquisition Collector / L& B Department, Government of NCT of Delhi on 2/9/2006, the acquisition is ordered to be lapsed solely on the ground that the compensation has not been paid to the landowner. According to the High Court, as the compensation has not been paid to the original writ petitioner - original landowner, Sec. 24(2) of the Act, 2013 shall be attracted and therefore the acquisition is deemed to have been lapsed. The view taken by the High Court is just contrary to the Constitution Bench decision of this Court in the case of Indore Development Authority Vs. Manoharlal and Ors. (2020) 8 SCC 129 and in paragraph 366, it is observed and held by this Court as under:-

(3.) In view of the above and for the reasons stated above, present appeal succeeds. The impugned judgment and order passed by the High Court ordering lapse of the acquisition with respect to the land in question under Sec. 24(2) of the Act, 2013 is hereby quashed and set aside. Consequently, the original writ petition preferred by the original writ petitioner stands dismissed.