DELHI DEVELOPMENT AUTHORITY Vs. JAGAN SINGH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 24/1/2017 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No.3164 of 2015 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 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 'the Act 2013'), the Delhi Development Authority has preferred the present appeal.

(2.) From the impugned judgment and order passed by the High Court and even as per the finding recorded by the High Court in para 3, the physical possession of the subject land was admittedly taken on 16/7/2007. However, thereafter relying upon the decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors. reported in (2014) 3 SCC 183 and on the ground that the compensation has not been paid to the original petitioner, 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.

(3.) In view of the law laid down by this Court in the case of Indore Development Authority (supra) and applying the same to the facts in the case on hand the impugned judgment and order passed by the High Court declaring that the acquisition with respect to the land in question is deemed to have lapsed is unsustainable. Consequently, the impugned judgment and order passed by the High Court deserves to be quashed and set aside.