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Civil · Reportable judgment

Delhi Development Authority vs Raj Singh & Anr.

Court
Supreme Court of India
Date
9 December 2022
Case No.
Civil Appeal No. 8993 of 2022
Result
Allowed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2022] 17 S.C.R. 840 : 2022 INSC 1268
Supreme Court Reports [2022] 17 S.C.R. 840 : 2022 INSC 1268
Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s.24(2) – Land Acquisition – Possession taken on 19.01.2006 – High Court declared that the land acquisition with respect to the land in question is deemed to have lapsed on the ground that the amount of compensation was not paid to the land owners – Held: The view taken by the High Court is not sustainable in view of the Constitutional Bench decision of Supreme Court in Indore Development Authority v. Manoharlal and Ors. wherein it was held that in case possession was taken but compensation not paid then there is no lapse – High Court order set aside. Indore Development Authority v. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed.

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. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 27.11.2018 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No.10800 of 2016 by which the High Court has allowed the said Writ Petition and has declared that the land acquisition proceedings with respect to the land in question under Land Acquisition Act, 1894 is deemed to have lapsed under Sub-section (2) of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
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