DELHI DEVELOPMENT AUTHORITY Vs. VEENA MAHAJAN AND ORS.
EmailAppeal: CIVIL APPEAL NO. 8147 OF 2016
Petitioner: DELHI DEVELOPMENT AUTHORITY
Respondent: VEENA MAHAJAN AND ORS.
Judges: KURIAN JOSEPH , SHIVA KIRTI SINGH
Date of Judgment: Aug 16, 2016
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8147 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 18200 OF 2015]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
VEENA MAHAJAN AND ORS. Respondent(s)
WITH
CIVIL APPEAL NO. 8148 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 32641 OF 2015]
CIVIL APPEAL NO. 8149 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 7011 OF 2016]
CIVIL APPEAL NO. 8150 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 7014 OF 2016]
CIVIL APPEAL NO. 8151 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 9899 OF 2016]
CIVIL APPEAL NO. 8152 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 10189 OF 2016]
CIVIL APPEAL NO. 8153 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 9898 OF 2016]
J U D G M E N T
KURIAN, J. 1. Leave granted.
2. It is not in dispute that in all these appeals, the awards are passed five years prior to 01.01.2014, the date of coming into force of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is dated 01.01.2014 and that there was no stay operating in any of the cases of the respondents and yet, possession has not been taken. Therefore, Section 24(2) of the Act has to apply and the acquisitions are to be declared as lapsed.
3. In that view of the matter, the appeals are dismissed. No costs. …………………..J. [ KURIAN JOSEPH ]
…………………..J. [ SHIVA KIRTI SINGH]
New Delhi; August 16, 2016.
CIVIL APPEAL NO. 8147 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 18200 OF 2015]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
VEENA MAHAJAN AND ORS. Respondent(s)
WITH
CIVIL APPEAL NO. 8148 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 32641 OF 2015]
CIVIL APPEAL NO. 8149 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 7011 OF 2016]
CIVIL APPEAL NO. 8150 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 7014 OF 2016]
CIVIL APPEAL NO. 8151 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 9899 OF 2016]
CIVIL APPEAL NO. 8152 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 10189 OF 2016]
CIVIL APPEAL NO. 8153 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 9898 OF 2016]
J U D G M E N T
KURIAN, J. 1. Leave granted.
2. It is not in dispute that in all these appeals, the awards are passed five years prior to 01.01.2014, the date of coming into force of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is dated 01.01.2014 and that there was no stay operating in any of the cases of the respondents and yet, possession has not been taken. Therefore, Section 24(2) of the Act has to apply and the acquisitions are to be declared as lapsed.
3. In that view of the matter, the appeals are dismissed. No costs. …………………..J. [ KURIAN JOSEPH ]
…………………..J. [ SHIVA KIRTI SINGH]
New Delhi; August 16, 2016.
