DELHI DEVELOPMENT AUTHORITY Vs. KUSHAM JAIN
LAWS(SC)-2016-8-78
SUPREME COURT OF INDIA
Decided on August 31,2016

DELHI DEVELOPMENT AUTHORITY Appellant
VERSUS
Kusham Jain Respondents





Cited Judgements :-

JUGRAM BAGHEL AND ANOTHER VS. STATE OF CHHATTISGARH AND OTHERS [LAWS(CHH)-2017-12-8] [REFERRED TO]
DAYA LAL PATEL, S/O NARAYAN BHAI VS. STATE OF MADHYA PRADESH [LAWS(CHH)-2017-8-87] [REFERRED TO]


JUDGEMENT

KURIAN,J. - (1.)Leave granted.
(2.)The appellant is aggrieved by the judgment dated 10.11.2014 passed by the High Court of Delhi in Writ Petition (Civil) No. 4232 of 2014. The High Court has granted a declaration that the land acquisition proceedings culminating in the Award dated 19.9.1986 in respect of 1 bigha 4 biswas of land in Khasra No. 89/23/2 in village Palam, New Delhi has lapsed. At paragraph 2 of the judgment, the admitted position of non payment of compensation has been recorded by the High Court. Paragraph 2 of the judgment reads as under : -
"2. Though the respondents claimed that possession of the said land was taken on 04.01.2002, the petitioner disputes this and maintains that physical possession has not been taken. However, insofar as the issue of compensation is concerned, it is an admitted position that it has not been paid."

(3.)Shri Amrendra Sharan, learned senior counsel appearing for the appellant -Delhi Development Authority submits that the requisitioning authority had already paid the amounts to the Land Acquisition Collector and the appellant may not be visited with adverse consequences for the delay, if any, on the part of the Land Acquisition Collector in disbursing the amount. Shri Sharan submits that in any case, the payment has been made prior to 1.1.2014, the date on which the 2013 Act came into force, by depositing the same in Court in December, 2013.
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