DELHI DEVELOPMENT AUTHORITY Vs. MGS (INDIA) PRIVATE LIMITED

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Delhi at New Delhi dtd. 20/7/2015 in Writ Petition (C) No. 910 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 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 (DDA) as well as Government of NCT of Delhi have preferred the present appeals.

(2.) Learned counsel appearing on behalf of the appellants has vehemently submitted that the original writ petitioner before the High Court was the subsequent purchaser, who admittedly purchased the property - land in question after the acquisition proceedings commenced and the award was declared. It is submitted that therefore, the original writ petitioner being a subsequent purchaser had no locus to challenge the acquisition proceedings and/or lapsing of the acquisition proceedings. It is submitted that the aforesaid objection was taken before the High Court and even it was specifically mentioned in the counter before the High Court, however, the Hon'ble High Court has not decided the locus of the original writ petitioner to pray for lapsing of the acquisition being a subsequent purchaser. Reliance is placed on the decisions of this Court in the case of Shiv Kumar & Anr. Vs. Union of India & Ors., (2019) 10 SCC 229; Delhi Development Authority Vs. Godfrey Phillips (I) Ltd. & Ors., Civil Appeal No. 3073 of 2022 and the subsequent decision in which the aforesaid two decisions have been relied upon.

(3.) Learned counsel appearing on behalf of the respondent - original writ petitioner though is not disputing that the original writ petitioner was the subsequent purchaser and purchased the land subsequent to the acquisition proceedings. However, he has submitted that the decision of this Court in the case of Shiv Kumar & Anr. (supra) shall not be applicable inasmuch as in that case, the original writ petitioner had no title and he claimed the title on the basis of the general power of attorney. It is submitted that at the relevant time, the decision of this Court in the case of Government (NCT of Delhi) Vs. Manav Dharam Trust and Anr., (2017) 6 SCC 751 was on the point, which came to be relied upon by the High Court.