LexGOVERNMENT OF NCT DELHI & ORS. versus KRISHAN KUMAR & ORS.
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A B C D E F G H 416 SUPREME COURT REPORTS [2023] 2 S.C.R. [2023] 2 S.C.R. 416 416 GOVERNMENT OF NCT DELHI & ORS. v. KRISHAN KUMAR & ORS. (Civil Appeal No. 946 of 2023) FEBRUARY 17, 2023 [M. R. SHAH, C.T. RAVIKUMAR & SANJAY KAROL, JJ.] Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – High Court relying on the decision of Supreme Court in Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and Ors. reported as allowed the writ petition and declared that the acquisition w.r.t the lands in question is deemed to have lapsed by virtue of s.24(2) – On appeal, held: Decision in Pune Municipal Corporation case has been overruled by the Constitution Bench in Indore Development Authority v. Manoharlal and Ors. reported as – Further, no finding was given by High Court w.r.t the case on behalf of the Land Acquisition Collector (LAC) that the possession of the disputed lands in question was taken and handed over to the beneficiary department-DDA immediately – Even the original writ petitioners admitted that they were not in possession, otherwise they would not have asked for return of the possession – The possession proceedings produced on record by LAC were as per the law laid down in the Indore Development Authority case – Applying the law laid down therein to the facts of the case on hand, there shall not be any deemed lapsed as held by the High Court – Impugned judgment setaside – Land Acquisition Act,1894. Indore Development Authority v. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation and Anr. vs. Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183 : [2014] 1 SCR 783 – referred to. Case Law Reference [2014] 1 SCR 783 referred to Para 3 [2020] 3 SCR 1 followed Para 3 A B C D E F G H 417 CIVIL APPELLATE JURISDICTION : Civil Appeal No.946 of 2023. From the Judgment and Order dated 14.03.2016 of the High Court of Delhi at New Delhi in WP (C) No.1178 of 2015. Ms. Sujeeta Srivastava, Adv. for the Appellants. Gurukrishna Kumar, Sr. Adv., Nitin Mishra, Ishaan Sharma, N. P. Sahni, Ms. Misha Rohatgi Mohta, Bharat Monga, Rajender Pd. Saxena, Ashwani Kumar, Anshay Dhatwalia, Advs. for the Respondents. The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Delhi at New Delhi dated 14.03.2016 in Writ Petition (C) No. 1178 of 2015 by which the High Court has allowed the said writ petition and has declared that the acquisition with respect to the lands in question is deemed to have lapsed by virtue of Section 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 Ors. have preferred the present appeal. 2. From the impugned judgment and order passed by the High Court and even from the counter affidavit filed by the Land Acquisition Collector (LAC) before the High Court, it appears that it was the specific case on behalf of the Land Acquisition Collector – GNCTD that the lands in question of Village Molarband were acquired vide Notification under Section 4 dated 04.04.1964, award was declared by the LAC on 19.10.1981 and the possession of the land falling in subject Khasra Nos. 154/2 (3-05) and 155/2 (4-12) was taken on 10.04.1997 after preparing the possession proceeding on the spot and the same was handed over to the beneficiary department, i.e., DDA immediately. In paragraph 4 of the counter affidavit, it was stated as under:- “4. That it is submitted that the lands of village Molarband were notified vide Notification under section 4 of the Land Acquisition Act dated 4.4.1964 which was followed by Notification under section 6 of the said Act vide Notification dated 7.12.1966. That the then Land Acquisition Collector passed an Award bearing No. 1934-D dated 19.10.81 and the possession of the land falling in GOVERNMENT OF NCT DELHI v. KRISHAN KUMAR A B C D E F G H 418 SUPREME COURT REPORTS [2023] 2 S.C.R. subject khasra number 154/2 (3-05) and 155/2 (4-12) was taken on 10.04.1997 after preparing Possession Proceeding on the spot, the same was handed over to the beneficiary department, i.e., DDA immediately. The compensation of the land under reference however could not be paid to the recorded owners and is lying deposited in RD on 30.1.82. It is submitted that
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