GOVERNMENT OF NCT OF DELHI Vs. KARAMPAL

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. 1202 of 2017 by which the High Court has allowed the said writ petition preferred by the original writ petitioner - subsequent purchaser and has declared that the acquisition proceedings initiated under the Land Acquisition Act, 1894 (hereinafter referred to as 'Act, 1894') with regard 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 Government of NCT of Delhi and Anr. have preferred the present appeal.

(2.) From the impugned judgment and order passed by the High Court, it appears that it was the specific case on behalf of the appellants and so stated in the counter affidavit before the High Court that the possession of the land in question was taken over on 17/9/2008 and even the name of the Government was mutated in the revenue records. However, thereafter and despite the above, solely relying upon the decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183 and solely on the ground that the compensation was not paid or tendered in accordance with law, the High Court has declared that the land acquisition proceedings with respect to the land in question has lapsed under Sec. 24(2) of the Act, 2013.

(3.) In view of the above and for the reasons stated above and in view of the Constitution Bench decision of this Court in the case of Indore Development Authority (supra), the impugned judgment and order passed by the High Court deserves to be quashed and set aside and is accordingly quashed and set aside.