Supreme Court - Daily Orders
Govt. Of Nct Of Delhi vs Jai Prakash Gupta on 2 May, 2023
Author: M.R. Shah
Bench: M.R. Shah
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3329 OF 2023
(Arising out of SLP (C) No. 9354/2023)
(@ D. No. 1989/2023)
GOVT. OF NCT OF DELHI & ANR. Appellant(s)
ERSUS
JAI PRAKASH GUPTA & ORS. Respondent(s)
O R D E R1
1. Delay condoned
2. Leave granted.
3. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 27.02.2018 passed by the High Court of Delhi at New
Delhi in Writ Petition (C) No. 1775 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 Land Acquisition, Rehabilitation and Resettlement
Act, 2013 (hereinafter referred to as “the 2013 Act”), the
Government of NCT of Delhi & Anr. have preferred the present
appeal.
4. From the impugned judgment and order passed by the High Court,
it appears that and it is not disputed by learned counsel for the
Signature Not Verified
respondents that the possession of the land in question was already
Digitally signed by R
Natarajan
Date: 2023.05.09
16:35:43 IST
Reason:
taken over on 09.09.2009 and even the compensation was deposited in
the Court of learned Additional District Judge.
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5. In view of the above and once the possession of the land in
question was taken, as far back as on 09.09.2009, as per the law
laid down by the Constitution Bench decision of this Court in the
case of Indore Development Authority vs. Manoharlal & Ors. Etc.
reported in 2020 (8) SCC 129, there shall be no deemed lapse of
acquisition under Section 24(2) of the 2013 Act.
6. Under the circumstances, the impugned judgment and order
passed by the High Court declaring that the 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.
7. At this stage, learned counsel for the original writ
petitioners has submitted that, as the Award was declared in the
year 2008 and the compensation was deposited in the reference Court
in the year 2016, the original writ petitioner shall be entitled to
the compensation even under the Land Acquisition Act, 1984,
however, with interest from 2008 to 2016. To the aforesaid, it is
observed that it will be open for the original writ petitioner to
move an appropriate application before the concerned Court where
the amount is deposited for withdrawal of the amount of
compensation and as and when such application is made, the same be
considered in accordance with law and on its own merits.
8. It will be open for the original writ petitioners to approach
the competent authority for interest on the delayed deposit of the
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amount of compensation and as and when such application is
preferred the same be considered in accordance with law and on its
own merits as early as possible.
9. With this, the present appeal is allowed.
...........................J
(M.R. SHAH)
...........................J
(MANOJ MISRA)
New Delhi;
May 02, 2023
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ITEM NO.28 COURT NO.4 SECTION XIV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Special Leave Petition (C) D. No(s). 1989/2023
GOVT. OF NCT OF DELHI & ANR. Petitioner(s)
VERSUS
JAI PRAKASH GUPTA & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.18756/2023-CONDONATION OF DELAY
IN FILING)
Date : 02-05-2023 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MR. JUSTICE MANOJ MISRA
For Petitioner(s) Ms. Astha Tyagi, AOR
For Respondent(s) Mr. Prithvi Pal, AOR
Mr. S K Rout, Adv.
Mr. Priyonkoo Anjan Gogoi, Adv.
Mr. Amit Acharya, Adv.
Mr. Ganesh Singh, Adv.
Mr. Aman Mehrotra, Adv.
Mr. Rahul Kumar, Adv.
Ms. Malvika Kapila, AOR
Ms. Tanwangi Shukla, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned Leave granted.
The present appeal is allowed in terms of the signed order. Pending applications, if any, stand disposed of. (R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed order is placed on the file)