Delhi Development Authority vs Nem Chand Sharma and Ors.

Court

Supreme Court of India

Date

20 January 2023

Case No.

Civil Appeal No. 395 of 2023

Result

Allowed

Bench

M.R. Shah, C.T. Ravikumar

Citation

[2023] 1 S.C.R. 725 : 2023 INSC 73

Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s. 24(2) – Lapse of Acquisition proceedings – Writ petition by the respondentoriginal writ petitioners seeking declaration that acquisition proceedings pertaining to subject land is deemed to have lapsed in view of s.24(2) – High Court allowed the petition solely on the ground that it is not clear as to what compensation was paid and if so, who raised the dispute – On appeal, held: For attracting the provisions of s. 24(2), twin conditions of not taking over of possession and not tendering/paying the compensation are to be satisfied and if one of the conditions is not satisfied, there shall not be any deemed lapse of acquisition – On facts, the possession of the land was taken andhanded over to the beneficiary department initially in 1990 and thereafter, remaining 1 bigha was taken and handed over to the beneficiary department in the year 2007 – Thus, the order passed by the High Court is not sustainable and is quashed and set aside – Land Acquisition Act, 1894.

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

Indore Development Authority vs Manoharlal & 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. 3446 of 2015 by which the High Court has allowed the said writ petition preferred by the original writ petitioners – respondents herein 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 T

View Subscription Plans →