18 April 2017
Supreme Court
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LAND AND BUILDING DEPARTMENT GOVERNMENT OF NCT OF DELHI THROUGH ITS PRINCIPAL SECRETARY Vs M/S MASS ESTATE (P) LTD.

Bench: KURIAN JOSEPH,R. BANUMATHI
Case number: C.A. No.-005423-005423 / 2017
Diary number: 8613 / 2016
Advocates: RACHANA SRIVASTAVA Vs


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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 GOVERNMENT 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

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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.