The respondents in the present case had filed a writ petition before the Delhi High Court against the appellant Delhi Development Authority (DDA) seeking a declaration that land acquisition proceedings initiated against the them under the Land Acquisition Act of 1894 should be deemed to have lapsed in light of Section 24(2) of the 2013 Act.
The case of the respondent was that the possession of his land was with him and compensation had not been paid to him by the appellant. Therefore, the period of five year having expired, the proceedings under the Act shall be deemed to have lapsed.
The Delhi High Court allowed the writ petition and held that the land acquisition proceedings against the respondent is deemed to have lapsed.
DDA then moved the Supreme Court in appeal.
It was the contention of DDA that as there was an order of stay granted by the High Court in the year 2011, in the writ petition filed by the original writ petitioners and the High Court granted the interim order of taking no coercive action/order qua the land, therefore, in view of the decision of this Court in the case of Indore Development Authority, the period under which the stay was operative has to be excluded.
Source: Barandbench
