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Civil · Reportable judgment

Delhi Development Authority vs Amit Jain & Ors.

Court
Supreme Court of India
Date
24 February 2023
Case No.
Civil Appeal No. 1360 of 2023
Result
Allowed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2023] 3 S.C.R. 91 : 2023 INSC 169
Supreme Court Reports [2023] 3 S.C.R. 91 : 2023 INSC 169
Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – High Court allowed the writ petition and declared that the entire acquisition with respect to the suit land is deemed to have lapsed u/s.24(2) – It was the specific case on behalf of the Land Acquisition Collector (LAC) that the physical possession of the lands in question was duly taken over by the Government except the 3 biswa land comprised in Khasra No. 17/1/1 which was not taken due to builtup – Held: – Original writ petitioners disputed the actual taking over of possession and submitted that the possession was taken over by drawing proceedings – As held by the Constitution Bench in Indore Development Authority v. Manoharlal and Ors. reported as [2020] 3 SCR 1, taking over the physical possession by drawing the punchnama/possession proceedings can be said to be sufficient compliance – Thus, applying the law laid down therein and considering the fact that except the aforesaid 3 biswa land, the possession of the other lands in question was taken over by the Government, there shall be no deemed lapse with respect to the entire acquisition of the lands in question u/s.24(2) – Impugned judgment set aside – Land Acquisition Act, 1894.

Indore Development Authority vs. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed.

Pune Municipal Corporation and Anr. vs. Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183 : [2014]

1 SCR 783 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 5061 of 2016, by which, the High Court has allowed the said writ petition and has declared that the acquisition of suit land measuring 3 bighas and 18 biswas in Khasra Nos. 10/20/2/1 (2-00) and 21/1 (1-18) and 17/1 (1-9) and land measuring 1 bigha and 9 biswas in Khasra No. 17/1/1 (2-01) vide award No. 04/2008-09 dated 31.10.2008 is deemed to have lapsed by virtue of Section 24(2) of the R
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