Supreme Court - Daily Orders
Delhi Development Authority vs Darshan Lal (D) Through Lrs. on 7 March, 2022
Bench: A.M. Khanwilkar, C.T. Ravikumar
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2022
(Arising from SLP(C) No.12863 of 2021)
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
DARSHAN LAL (D) THROUGH LRS. & ORS. Respondent(s)
O R D E R
Leave granted.
This appeal takes exception to the judgment and order dated 14.09.2018 passed by the High Court of Delhi at New Delhi in Writ Petition 10411 of 2017 whereby the High Court declared acquisition in respect of subject land as lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The High Court referred to the counter affidavit filed by the appellant (Delhi Development Authority) and reproduced the relevant Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2022.03.09 17:31:16 IST extract in paragraph 5 of the impugned judgment. Reason: In that affidavit, it has been clearly stated that physical possession of the land was taken over 2 after the award was passed and handed over to the Delhi Development Authority by the competent authority. The High Court has not doubted the correctness of the factual position.
Further, it is noticed that the subject land being part of the scheme has already been put to use by the appellant-DDA. The fact that the respondents land-owner did not receive compensation amount as claimed by itself cannot be a ground to declare that acquisition proceedings had lapsed in light of the exposition of this Court in the Indore Development Authority vs. Manoharlal & Ors. reported in (2020) 8 SCC 129.
If the case of the respondents is that the compensation amount has not been received by them, it is open to them to pursue that matter with the appropriate authority which representation can be considered in light of the exposition of the Constitution Bench in that regard.
Learned counsel for the respondents submits that the respondent had already made representation to the competent authority in that regard. If the same is pending, it would be open 3 to the respondents-land owners to pursue the same and equally open to the appropriate authority to decide the same in accordance with law.
We are not expressing any opinion either way in that regard.
All contentions available to the parties are left open.
Suffice it to observe that the impugned judgment and order declaring that acquisition in respect of the stated land had lapsed, cannot be countenanced and the same is set aside. The writ petition filed by the respondents is disposed of with limited liberty to pursue their claim for recovery of compensation amount as per law.
The appeal is allowed in the above terms. Pending applications, if any, stand disposed of.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(C.T. RAVIKUMAR) NEW DELHI MARCH 07, 2022.
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ITEM NO.22 Court 3 (Video Conferencing) SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 12863/2021
(Arising out of impugned final judgment and order dated 14-09-2018 in WP(C) No. 10411/2017 passed by the High Court Of Delhi At New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS DARSHAN LAL (D) THROUGH LRS. & ORS. Respondent(s) (IA No. 26904/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 07-03-2022 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Mr. Nishit Agrawal, AOR Mr. Harsh Mishra, Adv.
For Respondent(s) Mr. Jayant K. Sud, ASG Mr. Tejas Patel, Adv.
Mr. Kush Chaturvedi, Adv. Mr. S.K. Singhania, Adv. Mr. Kamlendra Mishra, Adv. Mr. Amrish Kumar, Aor Mr. Pankaj Kumar Mishra, AOR Ms. Archana Mishra, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
[Signed order is placed on the file]