DELHI DEVELOPMENT AUTHORITY Vs. AMIT JAIN

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. 5061 of 2016, by which, the High Court has allowed the said writ petition and has declared that the acquisition of suit land measuring 3 bighas and 18 biswas in Khasra Nos. 10/20/2/1 (2-00) and 21/1 (1-18) and 17/1 (1-9) and land measuring 1 bigha and 9 biswas in Khasra No. 17/1/1 (2-01) vide award No. 04/2008-09 dtd. 31/10/2008 is deemed to have lapsed by virtue of 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 Delhi Development Authority has preferred the present appeal.

(2.) From the impugned judgment and order passed by the High Court and from the counter affidavit filed by the Govt. of Delhi through LAC before the High Court, it appears that it was the specific case on behalf of the LAC that the physical possession of the property/land bearing Khasra Nos. 17/1/1 min (1-18), 10/20/2/1 (2-0), 21/1 (1-18) was duly taken over by the Government on 29/1/2010. However, remaining 3 biswa land comprised in Khasra No. 17/1/1 was not taken over due to builtup. Despite the above and thereafter following the earlier decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183, on the ground that the compensation with respect to the lands in question is not paid/tendered to the land owners, the High Court has allowed the writ petition and has declared that the entire acquisition with respect to the land measuring 3 bighas and 18 biswas in Khasra Nos. 10/20/2/1 (2- 00) and 21/1 (1-18) and 17/1 (1-9) and land measuring 1 bigha and 9 biswas in Khasra No. 17/1/1 (2-01) is deemed to have lapsed under Sec. 24(2) of the Act, 2013.

(3.) Learned counsel appearing on behalf of the original writ petitioners disputed the actual taking over of possession and submitted that the possession was taken over by drawing proceedings. However, as observed and held by this Court in the case of Indore Development Authority Vs. Manoharlal and Ors., (2020) 8 SCC 129 taking over the physical possession by drawing the punchnama/possession proceedings can be said to be sufficient compliance. Therefore, except the remaining 3 biswa land comprised in Khasra No. 17/1/1 which was not taken over due to built-up, the possession of the other lands in question were taken by the Government on 29/1/2010. Under the circumstances, the acquisition with respect to the entire lands in question could not have been declared as deemed lapse under Sec. 24(2) of the Act, 2013.