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Civil · Reportable judgment

Delhi Development Authority vs Bhagi Singh and Ors.

Court
Supreme Court of India
Date
20 January 2023
Case No.
Civil Appeal No. 366 of 2023
Result
Allowed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2023] 1 S.C.R. 783 : 2023 INSC 66
Supreme Court Reports [2023] 1 S.C.R. 783 : 2023 INSC 66
Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s. 24(2) – Land acquisition, when deemed to have lapsed – Writ petition by the writ petitioner seeking declaration that acquisition proceedings pertaining to subject land is deemed to have lapsed in view of s.24(2) – High Court held the acquisition is deemed to have lapsed on the ground that no physical possession was taken in respect of the suit land – Sustainability of – Held: Not sustainable – Impugned Judgment contrary to law laid down by this Court in the Constitution Bench decision in the Indore Development Authority’s case – Possession of the land was taken over by DDA through LAC/ L&B Department by drawing panchnama and preparing the possession report which is permissible – Thus, order passed by the High Court is quashed and set aside – Land Acquisition Act, 1894. Indore Development Authority Vs. Manoharlal and Ors, (2020) 8 SCC 129 – followed.

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. 8291 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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