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Land & Building Department, Government of NCT of Delhi through its Principal Secretary and ANR. Vs. M/s. Mass Estate Pvt. Ltd. and ANR.

[Civil Appeal No. 5423 of 2017 @ Special Leave Petition (C) No. 38356 of 2016]

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 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.


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