Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. NO. 5 OF 2016
IN
CIVIL APPEAL NO. 2853 OF 2009
VIJAY KUMAR APPLICANT/APPELLANT
VERSUS
UNION OF INDIA & ORS. RESPONDENTS
J U D G M E N T
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.
JUDGMENT
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.
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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.
................J.
[KURIAN JOSEPH]
....................J.
[ROHINTON FALI NARIMAN]
NEW DELHI;
MAY 11, 2016
JUDGMENT
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