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Civil · Reportable judgment

Delhi Development Authority vs Asha Prakash

Court
Supreme Court of India
Date
20 January 2023
Case No.
Civil Appeal No. 364 of 2023
Result
Allowed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2023] 1 S.C.R. 919 : 2023 INSC 69
Supreme Court Reports [2023] 1 S.C.R. 919 : 2023 INSC 69
Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) –Writ petition was preferred by original writ petitioner-subsequent purchaser – High Court relying upon Pune Municipal Corporation & Anr. vs Harakchand Misrimal Solanki & Ors allowed the writ petition preferred by the respondent/original writ petitioners and held that the acquisition proceedings in respect of land in question is deemed to have lapsed u/s.24(2) of 2013 Act as compensation was not paid to the original landowners – On appeal, held : The subsequent purchaser has no locus to challenge the acquisition/lapse of acquisition – Thus, High Court committed an error in entertaining the writ petition preferred by the respondent no.1 – Also, applying the law laid by Supreme Court in Indore Development Authority, which has overruled the decision in Pune Municipal Corporation, to the facts of the instant case – Impugned judgment and order of the High Court unsustainable – Appeal allowed.

Indore Development Authority vs. Manoharlal & Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Government (NCT of Delhi) vs. Manav Dharam Trust and Anr., (2017) 6 SCC 751– held not good law. Pune Municipal Corporation & Anr. vs. Harakchand Misrimal Solanki & ors (2014) 3 SCC 183 : [2014] 1 SCR 783; Shiv Kumar and Anr. vs. Union of India and Ors., (2019) 10 SCC 229; Delhi Development Authority vs. Godfrey Philips (I) Ltd. & Ors., (Civil Appeal No. 3073 of 2022 decided by the Supreme Court); Delhi Administration Thr. Secretary, Land and Building Department & Ors. vs. Pawan Kumar & Ors., (Civil Appeal No. 3646 of 2022 decided by the Supreme Court) – 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. 9545 of 2015 by which the High Court has allowed the said writ petition and has declared that the acquisition proceedings initiated under the Land Acquisition Act, 1894 (hereinafter referred to as “Act, 1894”) with regard to the land in question is deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
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