LAND AND BUILDING DEPARTMENT GOVERNMENT OF NCT OF DELHI THROUGH ITS PRINCIPAL SE Vs. M/S MASS ESTATE (P) LTD. AND ANR

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

Appeal (Civil), 5423 of 2017, Judgment Date: Apr 18, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 5423 OF 2017
             [ @ SPECIAL LEAVE PETITION (C) NO. 38356 OF 2016 ]


LAND AND BUILDING DEPARTMENT GOVERNMEN
OF NCT OF DELHI THROUGH ITS PRINCIPAL SECRETARY
AND ANR.                                                        Appellant(s)

                                VERSUS

M/S MASS ESTATE (P) LTD. AND ANR.                              Respondent(s)


                               J U D G M E N T

KURIAN, J.
1.    Leave granted.

2.    It is the case of the appellants that possession could  not  be  taken
and compensation could not be paid because of  interim  order  operating  in
the case of adjacent acquisitions.

3.    It is not in dispute that in  the  case  of  the  respondents  herein,
there was no stay operating.

4.     Therefore,  nothing  prevented  the  appellants  from  either  taking
possession or paying the compensation to the respondents.

5.    Neither having been done within  five  years,  as  contemplated  under
Section 24(2) of The Right to Fair Compensation  and  Transparency  in  Land
Acquisition, Rehabilitation and Resettlement Act, 2013, we find no merit  in
this appeal, which is, accordingly, dismissed.
      No costs.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                            [ R. BANUMATHI ]

      New Delhi;
      April 18, 2017.