LAWS(SC)-2023-1-51

GOVT. OF NCT OF DELHI Vs. RATI RAM

Decided On January 20, 2023
GOVT. OF NCT OF DELHI Appellant
V/S
RATI RAM Respondents

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. 12145 of 2015 by which the High Court has allowed the said writ petition preferred by the respondent No. 1 herein and has declared that the acquisition proceedings initiated under the Land Acquisition Act, 1894 (hereinafter referred to as "Act, 1894 ") with regard 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 Govt. of NCT of Delhi and Anr. have preferred the present appeal.

(2.) We have heard the learned counsel appearing on behalf of the respective parties at length and perused the impugned judgment and order passed by the High Court.

(3.) Even otherwise, without considering the title of the original writ petitioner in the land in question, when it was the specific case on behalf of the department / LAC that the recorded owner was the Gaon Sabha and the fact that the possession of the land in question was taken over by drawing the possession receipt on the spot, the High Court has committed a very serious error in entertaining the writ petition at the instance of the original writ petitioner and to declare that the acquisition with respect to the land in question is deemed to have lapsed.