4954 of 2016, by which, the High Court has allowed the said writ petition and has declared that the acquisition with respect to the land in question is deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in 1 6 Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “Act, 2013”), the Govt. It is submitted that even the possession is alleged to be taken on 31.12.2013 and before that the Act, 2013 has come into effect. 3 6 3.1 The submission on behalf of respondent No 1 – original writ petitioner that only a paper possession was taken and actual/physical possession has not been taken is concerned, it is required to be noted that the possession of the land in question is taken over by drawing the punchnama which is held to be legal mode of taking the possession as per the decision of this Court in the case of Indore Development Authority (supra). Applying the law laid down by this Court in the case of Indore Development Authority (supra) to the facts of the case on hand, the judgment and order passed by the High Court declaring that the 5 6 acquisition with respect to the land in question is deemed to have lapsed is unsustainable and the same deserves to be quashed and set aside and is accordingly, quashed and set aside. Pending applications, if any, also stand disposed of.
Also Read: https://newslaw.in/case-type/civil/settlement-commissions-order-declared-null-and-void/
Case Title: GOVT. OF NCT OF DELHI Vs. DINESH KKUMAR (2023 INSC 467)
Case Number: C.A. No.-003151-003151 / 2023
