Delhi Development Authority vs Jagan Singh & Ors.

Court

Supreme Court of India

Date

17 February 2023

Case No.

Civil Appeal No.943 of 2023

Result

Allowed

Bench

M.R. Shah, C.T. Ravikumar, Sanjay Karol

Citation

[2023] 2 S.C.R. 411 : 2023 INSC 139

Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – High Court relying on the decision of Supreme Court in Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and Ors. reported as declared that the acquisition proceeding initiated w.r.t the land in question is deemed to have lapsed u/s.24(2) – On appeal, held: Decision in Pune Municipal Corporation case has been overruled by the Constitution Bench in Indore Development Authority v. Manoharlal and Ors. reported as wherein it is held that once the possession is taken over there shall not be deemed lapse u/s.24(2)– In the present case,even as per the finding recorded by the High Court,the physical possession of the subject land was admittedly taken– Impugned judgment setaside.

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

Pune Municipal Corporation and

Anr.

vs.

Harakchand Misirimal Solankiand Ors. (2014) 3 SCC

183 : [2014] 1 SCR 783–referred to.

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.01.2017 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No. 3164 of 2015 by which the High Court has allowed the said writ petition preferred by the respondent no.1 herein – original writ petitioner 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

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