(Kurian Joseph and Rohinton Fali Nariman, JJ.)
Vijay Kumar ______________________________ Applicant/Appellant
v.
Union of India & Ors. _____________________________ Respondent(s)
I.A. No. 5 of 2016 in Civil Appeal No. 2853 of 2009, decided on May 11, 2016
The Judgement of the Court was delivered by
Kurian, J.:—
1. The learned senior counsel appearing for respondent No. 2 submits that the possession having been taken, the mere non-payment of compensation will not result in lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2. Though the submission made by the learned senior counsel for respondent on possession is in dispute, in the nature of the view we propose in this case, it is not necessary to go into that aspect. It is seen that out of the three co-owners, in respect of two co-owners, the Court has declared that the acquisition proceedings have lapsed. In that view of the matter, we allow this application, leaving the question of law open.
3. In view of the order passed in I.A. No. 5/2006, C.A. No. 2853/2009 is also allowed. It is declared that the land acquisition proceedings, in respect of the land admeasuring 13 Bigha, 14 Biswas bearing Khasra Nos. 10/30 and 5/25/2/1, Village Sahipur, Delhi initiated as per Notification dated 13.11.1959 under Section 4 of the Land Acquisition Act, 1894 culminating in Award dated 24.06.1968, have lapsed and consequently those proceedings are set aside.
4. Appeal is allowed. No costs.
I.A. 5/2016 in Civil Appeal No. 2853/2009
Vijay Kumar ______________________________________ Appellant
v.
Union of India & Ors _____________________________ Respondent(s)
(for directions seeking disposal of the civil appeal by way of bringing on record the additional facts and office report)
Date: 11/05/2016 This application was called on for hearing today.
(Before Kurian Joseph and Rohinton Fali Nariman, JJ.)
For Appellant(s) Mr. Vijay K. Jain, Adv.
For Respondent(s) Mr. A. Sharan, Sr. Adv.
Mr. Vishnu B. Saharya, Adv.
Mr. Viresh B. Saharya, Adv. for M/s. Saharya & Co., Adv.
Ms. Rachana Srivastava, Adv.
Ms. Monika, Adv.
Mr. Sukrit R. Kapoor, Adv.
UPON hearing the counsel the Court made the following
ORDER
5. I.A. No. 5 is allowed.
6. Civil Appeal is allowed in terms of signed non-reportable Judgment.
7. Pending application(s) shall stand disposed of.
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