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Supreme Court of India

LAND AND BUILDING DEPARTMENT GOVERNMENT OF NCT OF DELHI THROUGH ITS PRINCIPAL SECRETARY vs M/S MASS ESTATE (P) LTD on 18 April, 2017

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C.A. No.-005423-005423 - 2017Official PDFBench Kurian Joseph, R. Banumathi, Kuttiyil Mathew JosephAdvocates RACHANA SRIVASTAVA
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

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 Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, we find no merit in this appeal, which is, accordingly, dismissed. No costs. [ KURIAN JOSEPH ] [ R. BANUMATHI ] New Delhi; April 18, 2017.