Delhi Development Authority vs Krishan Lal Arora & Ors.

Court

Supreme Court of India

Date

2 November 2022

Case No.

Civil Appeal No. 7960 of 2022

Result

Allowed

Bench

M.R. Shah, M.M. Sundresh

Citation

[2022] 16 S.C.R. 598 : 2022 INSC 1154

Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s. 24(2) – Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in certain cases – Writ petition by the landowners claiming that acquisition with respect to the land deemed to be lapsed u/s.24(2) – Allowed by the High Court – On appeal, held: Though the possession of the land in question was already taken over by the Land Acquisition Collector / L& B Department, the acquisition was ordered to be lapsed by the High Court solely on the ground that the compensation was not paid to the landowner, and as such s 24(2) was attracted – The view taken by the High Court was contrary to the Constitution Bench decision of the Court in Indore Development Authority’s case – Thus, the order passed by the High Court is quashed and set aside.

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

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. 10820 of 2016 by which the High Court has allowed the said writ petition preferred by the original landowner – original writ petitioner - respondent herein, and has held and declared that the acquisition with respect to the land in question has lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereina

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