DELHI DEVELOPMENT AUTHORITY Vs. POONAM BHATIA & ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 4800 of 2016, Judgment Date: May 03, 2016

                                                              NON-REPORTABLE


                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION


                        CIVIL APPEAL NO.4800 OF 2016
                 (Arising out of SLP ( C) No. 30195 of 2015)



Delhi Development Authority                                     ...Appellant

                                   Versus

Poonam Bhatia & Ors.                                          ...Respondents



                               J U D G M E N T

    KURIAN, J.


    1.      Leave granted.
2.    The Delhi Development Authority has come up in  appeal,  aggrieved  by
the Judgment dated 11.11.2014 passed by the High  Court  of  Delhi,  whereby
the acquisition of the property referred  to in the Judgment in question  of
the land belonging to the respondents has been declared to  have  lapsed  in
view of the provisions of Section 24(2) of the Right  to  Fair  Compensation
and Transparency in Land Acquisition, Rehabilitation and  Resettlement  Act,
2013.

3.    On the finding that the possession has not been  taken,  the  relevant
portion of the impugned judgment is extracted below:

“It is an admitted position that neither physical possession of the  subject
land has been taken by the land acquiring agency, nor has  any  compensation
been paid to the petitioners.  The award  was  made  more  than  five  years
prior to the commencement of the 2013 Act.  All the ingredients  of  section
24(2) of the 2013 Act as interpreted by the Supreme Court and this Court  in
the following decisions satisfied.....”


4.    In the above circumstances, the  appellant  having  not  disputed  the
question of possession, before the High Court, there is no justification  in
filing the appeal  before this Court.

5.    The appeal is hence dismissed.  No costs.

                                                          ................J.
                                                            [KURIAN JOSEPH]




                                                      ....................J.
                                                    [ROHINTON FALI NARIMAN]
 NEW DELHI;
  MAY 03, 2016