VIJAY KUMAR Vs. UNION OF INDIA & ORS

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

INTERLOCUTORY APPLICATION, 5 of 2016, Judgment Date: May 11, 2016

                                                              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.
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.


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




                                                       ....................J.
                                                     [ROHINTON FALI NARIMAN]
 NEW DELHI;
  MAY 11, 2016