Delhi Development Authority v. Krishna Rajauria @ Krishna Saini & Ors.

Supreme Court of India · 24 Apr 2017
Kurian Joseph; R. Banumathi
CIVIL APPEAL NO. 5546 OF 2017 @ SPECIAL LEAVE PETITION (C) NO. 32631 OF 2015
property appeal_dismissed

AI Summary

The Supreme Court dismissed the Delhi Development Authority's appeals for failing to take possession and pay compensation within the statutory period under the Land Acquisition Act, where no stay order was operative against the respondents' lands.

Full Text
Translation output
Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5546 OF 2017
[@ SPECIAL LEAVE PETITION (C) NO. 32631 OF 2015 ]
DELHI DEVELOPMENT AUTHORITY Appellant (s)
VERSUS
KRISHNA RAJAURIA @ KRISHNA SAINI & ORS. Respondent(s)
WITH
CIVIL APPEAL NO. 5545 OF 2017
[@ SPECIAL LEAVE PETITION (C) NO. 32633 OF 2015 ]
JUDGMENT
KURIAN, J.

1. Leave granted.

2. It is the case of the appellant that the possession could not be taken or compensation could not be paid to the respondents because of operation of stay.

3. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into operation on 01.01.2014.

4. The learned counsel for the respondents, on instruction, submits that there was no stay operating in the case of the party-respondents. The stay was in the case of Ruchi Vihar Housing Welfare Society Vs. Govt. of NCT of Delhi and others. The Page 2 party-respondents herein are neither parties to the writ petition nor members of the Society. The submission that there was no stay in the case of the lands of the party-respondents is recorded.

5. In that view of the matter, nothing prevented the appellant from taking possession or paying compensation within the time contemplated under Section 24(2) of the Act.

6. Having admittedly not complied with the above statutory requirement, we do not find any merit in these appeals, which are, accordingly, dismissed ........................ J. [ KURIAN JOSEPH ] ....................... J. [ R. BANUMATHI ] New Delhi; April 24, 2017.