DELHI DEVELOPMENT AUTHORITY Vs. NARVADA DEVI

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. 3383 of 2016 by which the High Court has allowed the said writ petition preferred by the respondent No. 1 herein 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) has preferred the present appeal.

(2.) Before the High Court, the respondent No. 1 - original writ petitioner claimed the relief for a declaration that the acquisition proceedings pertaining to land measuring 504 sq. yards out of Khasra No.49/14 situated in the area of Village Pehladpur Bangar, National Capital Territory of Delhi are deemed to have lapsed in view of Sec. 24(2) of the Act, 2013 as neither physical possession of the subject land has been taken nor the compensation has been tendered to the petitioner.

(3.) The view taken by the High Court is just contrary to the Constitution Bench decision of this Court in the case of Indore Development Authority Vs. Manoharlal and Ors. (2020) 8 SCC 129. In paragraph 366, the Constitution Bench of this Court has observed and held as under:-