LAND ACQUISITION COLLECTOR Vs. ASHOK KUMAR

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. 3581 of 2015, by which, the High Court has allowed the said writ petition and has declared that the acquisition 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 & Anr. have preferred the present appeal.

(2.) Having heard learned counsel appearing on behalf of the respective parties and having gone through the impugned judgment and order passed by the High Court it can be seen that by the impugned judgment and order the High Court has declared that the acquisition with respect to the land in question is deemed to have lapsed on the ground that neither the possession of the land in question was taken nor the compensation has been tendered/paid and relying upon 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, and decision of the High Court in the case of Gyanender Singh & Ors. Vs. Union of India & Ors decided on 23/9/2014 in W.P. (C) No. 1393/2014.

(3.) However, it is required to be noted that before the High Court it was the specific case on behalf of the appellant(s) and so recorded by the High Court in paragraph 4 of the impugned judgment and order that the physical possession could not be taken because of the operation of stay order passed in writ petitions in which the stay order was continuing. The High Court has also observed that "it is an admitted position that the stay order continued to operate till 1/1/2014 when the 2013 Act came into effect. " In the case of Indore Development Authority Vs. Manoharlal and Ors., (2020) 8 SCC 129, the Constitution Bench of this Court has observed in paragraph 366 as under:-