(Kurian Joseph and Shiva Kirti Singh, JJ.)
Delhi Development Authority __________________________ Appellant
v.
Veen Mahajan and Ors. ___________________________ Respondent(s)
Civil Appeal No. 8147 of 2016, decided on August 16, 2016
[@ Special Leave Petition (C) No. 18200 of 2015]
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]
The Judgement of the Court was delivered by
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.
4. No costs.
CIVIL APPEAL NO. 8154 OF 2016
[@ SPECIAL LEAVE PETITION(C) NO. 23093 OF 2016]
Delhi Development Authority ________________________ Appellant
v.
Archana Khanna & Ors ___________________________ Respondent(s)
Judgement
Kurian, J.
5. Leave granted.
6. It is not in dispute that in this appeal, the award is dated 07.01.1999 and that there was no stay operating and yet, possession has not been taken. Therefore, Section 24(2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has to apply and the acquisition is to be declared as lapsed.
7. In that view of the matter, the appeal is dismissed.
8. No costs.
Petition(s) for Special Leave to Appeal (C) No(s). 18200/2015
Delhi Development Authority __________________________ Petitioner
v.
Veen Mahajan and Ors ____________________________ Respondent(s)
SLP (C) No. 21353 of 2015, SLP (C) No. 30234 of 2015, SLP (C) No. 32639 of 2015, SLP (C) No. 32641 of 2015, SLP (C) No. 33345 of 2015
SLP (C) No. 7011 of 2016, SLP (C) No. 7014 of 2016, SLP (C) No. 9899 of 2016, SLP (C) No. 10189 of 2016, SLP (C) No. 9898 of 2016 with SLP (C) No. 19960 of 2016, SLP (C) No. 19966 of 2016, SLP (C) No. 19970 of 2016, SLP (C) No. 23083 of 2016 and SLP (C) No. 23093 of 2016
Date: 16/08/2016 These petitions were called on for hearing today.
(Before Kurian Joseph and Shiva Kirti Singh, JJ.)
For Petitioner(s) Mr. Ajit Kumar Sinha, Sr. Adv.
Mr. R. K. Rathore, Adv.
Mr. Anshuman Srivastava, Adv.
Mr. Shadman Ali, Adv.
Mr. R. S. Nagar, Adv.
Mr. Satya Siddiqui, Adv.
Mr. Bibhu Shankar Mishra, Adv.
Mr. D. S. Mahra, Adv.
Ms. Garima Prasad, Adv.
Ms. Binu Tamta, Adv.
Mr. Vishnu B. Saharya, Adv.
Mr. Viresh B. Saharya, Adv.
for M/s. Saharya & Co.
Mr. Ashwani Kumar, Adv.
Mr. Rahul Bhatia, Adv.
Ms. Monika, Adv.
Mr. Sukrit R. Kapoor, Adv.
for Ms. Rachna Srivastava, Adv.
Mr. Jagjit Singh Chhabra, Adv.
For Respondent(s) Mr. Pankaj Vivek, Adv. Mr. Krishan Kumar, Adv.
Mr. T. N. Singh, Adv.
Mr. Vikas K. Singh, Adv.
Mr. Umang Tripathi, Adv.
Mr. Atul Kumar, Adv.
Mr. Vikas Pandey, Adv.
Ms. Archana Kumari, Adv.
Ms. Sweety Singh, Adv.
Mr. Rajiv Sharma, Adv.
Mr. Ateev Mathur, Adv.
Ms. Richa Oberoi, Adv.
Mr. Gagan Gupta, Adv.
Mr. Bankey Bihari, Adv.
Ms. S. Janjani, Adv.
UPON hearing counsel the Court made the following
Order
SLP (C) No. 18200 of 2015, 32641 of 2015, 7011 of 2016, 7014 of 2016, 9899 of 2016, 10189 of 2016, 9898 of 2016, 23093 of 2016
9. Leave granted.
10. The appeals are dismissed in terms of the signed non-reportable Judgments.
11. Pending interlocutory applications, if any, are disposed of.
SLP (C) No. 19970 of 2016
12. It is not in dispute that the possession has not been taken within the time permitted under Section 24(2) of the Act.
13. Therefore, this Special Leave Petition is dismissed.
14. Pending interlocutory applications, if any, are disposed of.
SLP (C) Nos. 21353 of 2015, 30324 of 2015, 32639 of 2015, 33345 of 2015, 19960 of 2016, 19966 of 2016, 23083 of 2016
15. List on 23.08.2016.
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