DELHI DEVELOPMENT AUTHORITY Vs. BHAGWAT SINGH

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. 10359 of 2015 by which the High Court has allowed the said writ petition preferred by the private respondent herein - original writ petitioner, and has held and declared that the acquisition with respect to the land in question has lapsed under Section 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.) Having gone through the Impugned judgment and order passed by the High Court, it is seen that the High Court has ordered lapsing of the land in question under Section 24 of the Act, 2013 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 on the ground that the compensation has not been paid to the landowners. However, it is required to be noted that before the High Court, it was the specific case on behalf of the Delhi Development Authority that the possession of the land in question has already been taken. As observed hereinabove on the ground that the compensation has not been paid to the landowner relying upon the decision of this Court in the case of Pune Municipal Corporation and Anr. (supra), the High Court has allowed the said writ petition and has declared that the acquisition with respect to the land in question has lapsed.

(3.) The decision of this Court in the case of Pune Municipal Corporation and Anr. (supra) relied upon by the High Court has been overruled by 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 ultimately concluded as under:-