DELHI DEVELOPMENT AUTHORITY Vs. MUNNI LAL & ORS

JUDGEMENT

(1.) Leave granted.

(2.) These appeals have been preferred by the Delhi Development Authority (for short, "the DDA") aggrieved by the judgment and order dated 25.11.2014 passed by the High Court of Delhi at New Delhi declaring that as the physical possession has not been taken, the acquisition has lapsed under the provision of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereafter referred to as "the Act of 2013"). The facts, in short, indicate that notification under section 4 was issued on 5.4.1995 for the acquisition of land for construction of Freight Complex (Narela) under Planned Development of Delhi. The emergency provision of sub-Section 1 of section 17 read with section 17(4) was invoked. It was ordered that the provision of section 5 A shall not apply. Declaration under section 6 was issued on 22.12.1995 for the purpose of acquisition of land and the award was passed on 19.12.1997.

(3.) The petitioners-therein have filed writ petitions in the year 1996, however, they have withdrawn the same in 2012 with prayer seeking liberty to file fresh writ petition for quashing of the order rejecting the prayer with respect to de-requisition of land passed on 19.04.2012. Thereafter, fresh writ petitions have been filed in the year 2012. During the pendency of the writ applications, the Act of 2013 came into force. The High Court has quashed the acquisition; hence, the appeals have been preferred.