Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Delhi at New Delhi dated 30.01.2018 passed in Writ Petition (C)
No 11230 of 2015 by which on the writ petition filed by the respondent
No 1 herein – original writ petitioner, the High Court has allowed the said writ petition and has held that the acquisition with respect to the land 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 beneficiary – Delhi Development Authority (DDA) and the acquiring body – Government of NCT of Delhi have preferred the present appeals.
It is submitted that therefore, the High Court has materially erred in declaring that the acquisition with respect to the land in question is deemed to have lapsed in a writ petition filed by the respondent No 1 being a subsequent purchaser, who as such had no locus to challenge the acquisition as observed and held by this Court in the aforesaid decisions.
Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/
However, he is not disputing that the original writ petitioner is a subsequent purchaser, who acquired the right, title and interest in the property in the year 2018 and/or even subsequent to Act, 2013 coming into force.
The original writ petitioner was not the recorded owner at the time when the award with respect to the land in question under the provisions of Land Acquisition Act, 1894 (hereinafter referred to as “Act, 1894”) was issued. (supra) is a Three Judge Bench decision by which a contrary view taken by the Two Judge Bench of this Court in the case of Government (NCT of Delhi)
Vs.
Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/
Under the circumstances and on that ground alone, the impugned common judgment and order passed by the High Court is required to be quashed and set aside.
Case Title: DELHI DEVELOPMENT AUTHORITY Vs. MANPREET SINGH (2023 INSC 46)
Case Number: C.A. No.-000277-000277 / 2023
