Delhi Development Authority vs Eminent Marketing Pvt. Ltd. & Ors.

Court

Supreme Court of India

Date

16 January 2023

Case No.

Civil Appeal No. 337 of 2023

Result

Allowed

Bench

M.R. Shah, C.T. Ravikumar

Citation

[2023] 1 S.C.R. 1015 : 2023 INSC 43

Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s. 24(2) – High Court relying upon the decision in Pune Municipal Corporation & Anr. v. Harakchand Misrimal Solanki & Ors. held that the acquisition proceedings in respect of land in question deemed to have lapsed u/s. 24(2) of 2013 Act solely on the ground that compensation has not been paid to the petitioner – On appeal, held: Possession of land in question was taken on 27.09.2012 – The entire compensation with respect to land in question was deposited with Treasury – Applying the law laid by the Constitution Bench of the Supreme Court in Indore Development Authority, the judgment and order of the High Court is unsustainable – Accordingly, set aside – Appeal allowed.

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

Pune Municipal Corporation & Anr. vs Harakchand Misrimal Solanki & ors (2014) 3 SCC 183 : [2014] 1 SCR 783 – referred to.

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Leave granted. 2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 13.12.2017 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 11476 of 2016 by which the High Court has allowed the said writ petition and has declared that the acquisition with respect 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 Act, 2013 (hereinafter referred to as “Act, 2013”), the Delh

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