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NON-REPORTABLE 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 ] J U D G M E N T

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

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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.