LAND ACQUISITION COLLECTOR (SOUTH EAST) Vs. DHARAMVIR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 25/4/2016 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 4576 of 2015 by which the High Court has allowed the said writ petition preferred by the respondents herein and has declared that the land acquisition proceedings with respect to the land in question 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 Land Acquisition Collector (South East), Delhi Government has preferred the present appeal.

(2.) From the impugned judgment and order passed by the High Court it appears that though it was submitted before the High Court that the possession of the land in question was taken on 16/3/2004, however thereafter relying upon the decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183 and by observing that the compensation with respect to the land in question has not been paid, the High Court has allowed the said writ petition and has declared that the land acquisition proceedings deemed to have lapsed under Sec. 24(2) of the Act, 2013.

(3.) In view of the above Constitution Bench decision of this Court in the case of the Indore Development Authority (supra), the impugned judgment and order passed by the High Court is unsustainable and the same deserves to be quashed and set aside and is accordingly quashed and set aside.