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Civil · Reportable judgment

Delhi Development Authority vs Manpreet Singh & Ors.

Court
Supreme Court of India
Date
16 January 2023
Case No.
Civil Appeal No. 277 of 2023
Result
Allowed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2023] 1 S.C.R. 737 : 2023 INSC 46
Supreme Court Reports [2023] 1 S.C.R. 737 : 2023 INSC 46
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 respondent-original writ petitioners, being subsequent purchasers seeking declaration that acquisition proceedings pertaining to subject land is deemed to have lapsed in view of s.24(2) – High Court allowed the writ petition – Sustainability of – Held: Not sustainable – Subsequent purchaser has no locus to challenge the acquisition and/or lapsing of the acquisition under the Act of 2013 – Original writ petitioner was not the recorded owner at the time when the award in the year 1987 – Original writ petitioner is a subsequent purchaser who has acquired the right, title or interest in the land in the year 2018 – Thus, the order passed by the High Court is quashed and set aside – Land Acquisition Act, 1894. 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, Delhi Administration Thr. Secretary, Land and Building Department & Ors. Vs. Pawan Kumar & Ors., - Civil Appeal No. 3646 of 2022 – relied on.

Government (NCT of Delhi) vs. Manav Dharam Trust and Anr. (2017) 6 SCC 751 – 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. As common question of law and facts arise in these appeals, as both these appeals arise out of the impugned judgment and order passed by the High Court, both these appeals are being decided and disposed of together by this common judgment and order. 2. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Delhi at New Delhi dated 30.01.2018 passed in Writ Petition (C) No. 11230 of 2015 by which on the writ petition filed by the respondent No. 1 herein – original writ petitioner, the Hi
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