LAWS(SC)-2023-2-69

DELHI DEVELOPMENT AUTHORITY Vs. RAJENDER SINGH

Decided On February 24, 2023
DELHI DEVELOPMENT AUTHORITY Appellant
V/S
RAJENDER SINGH 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. 3561 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 Delhi Development Authority has 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 and even the counter affidavit filed before the High Court by the Delhi Development Authority wherein it was the specific case on behalf of the respondent therein that the possession of lands in question was taken over and handed over to the beneficiary department on 23/9/1981 and the compensation with respect to the said lands was sent in RD due to dispute.

(3.) However, thereafter despite the above 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, the High Court has declared that the acquisition with respect to the lands in question is deemed to have lapsed under Sec. 24(2) of the Act, 2013 solely on the ground that the compensation was not paid in the manner known to law to the land owners.