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DELHI DEVELOPMENT AUTHORITY v. DINESH KUMAR

Supreme Court of India | Diary 861/2023

Status

Order

Decided On

2023-04-10

Bench

HON'BLE MR. JUSTICE M.R. SHAH and HON'BLE MR. JUSTICE C.T. RAVIKUMAR

Petitioner

DELHI DEVELOPMENT AUTHORITY

Respondent

DINESH KUMAR

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2526 OF 2023 (Arising out of SLP (C) No. 7274/2023)

(@ D. No. 861/2023)

DELHI DEVELOPMENT AUTHORITY Appellant(s)

VERSUS

DINESH KUMAR & ORS. Respondent(s)

O R D E R

1. Delay condoned

2. Leave granted.

3. Feeling aggrieved and dissatisfied with the impugned judgment

and order dated 31.01.2017 passed by the High Court of Delhi at New

Delhi in Writ Petition (C) No. 10125 of 2015, by which the High

Court has allowed the said Writ Petition preferred by the original

writ petitioner 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 Land

Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter

referred to as “the 2013 Act”), the Delhi Development Authority has

preferred the present appeal.

4. From the impugned judgment and order passed by the High Court

and even from the counter affidavit filed by the appellant before

the High Court, it was the specific case on behalf of the appellant

and the Land Acquisition Officer that the possession of the

disputed land in question was taken over on 05.09.2002 by drawing

the panchnama/possession proceedings, which is held to be a legal

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mode of taking the possession, as per the law laid down by this

Court ...

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