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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:

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“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