GOVERNMENT OF NCT OF DELHI Vs. MOHD. ZUBAIR

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. 2674 of 2017 by which the High Court has declared that the acquisition proceedings initiated under the Land Acquisition Act, 1894 (hereinafter referred to as 'Act, 1894') with regard to the subject land is deemed to have 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 Government of NCT of Delhi and Anr. have preferred the present appeal.

(2.) From the impugned judgment and order passed by the High Court, it appears that a specific objection was raised on behalf of the appellants - original respondents that the original writ petitioner being subsequent purchaser is not entitled to challenge the acquisition proceedings. Before the High Court, it was also specifically pointed out and so stated in the counter that the possession of the land in question was taken over on 16/7/2007. However, thereafter, overruling the objection on behalf of the appellants on the maintainability of the writ petition by the subsequent purchaser - original writ petitioner and ignoring the stand taken on behalf of the appellants that the possession was taken over on 16/7/2007, the High Court has declared the acquisition proceedings lapsed under Sec. 24(2) of the Act, 2013 solely on the ground that the compensation has not been tendered to the original writ petitioner.

(3.) In view of the above and for the reasons stated above, the impugned judgment and order passed by the High Court deserves to be quashed and set aside and is accordingly quashed and set aside.