DELHI DEVELOPMENT AUTHORITY Vs. SHAKUNTLA DEVI

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. 5053 of 2016 by which the High Court has allowed the said writ petition preferred by the respondent No. 1 herein - original writ petitioner 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 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.) In the present case, the notification under Section 4 of the Act, 1894 was issued on 27.06.1996. The Award was also passed vide Award dated 22.06.1999. According to the Land Acquisition Collector (LAC) and as per the counter affidavit filed by the LAC before the High Court, it appears that it was the specific case on behalf of the original respondents that the actual vacant peaceful possession of the subject land falling in Khasra No. 759(4-16) was taken on 31.12.2013 in which the original writ petitioner is having 1/4th joint share, i.e., admeasuring 1 bigha on the spot and handed over to the requisition agency by preparing proper possession proceedings on the spot. Despite the above and without further commenting upon the taking over of the possession, thereafter, the High Court has allowed the writ petition and has declared that the acquisition with respect to the land in question is deemed to have lapsed on the ground that the compensation has not been paid/tendered to the original writ petitioner. However, as observed hereinabove, the High Court has not disputed and/or taken into consideration the taking over of the possession by the LAC and handing over to the beneficiary by drawing the panchnama on the spot on 31.12.2013.

(3.) The view taken by the High Court is unsustainable in view of the decision of the Constitution bench of this Court in the case of Indore Development Authority Vs. Manoharlal and Ors., (2020) 8 SCC 129. In paragraph 366, the Constitution Bench of this Court has observed and held as under:-