Delhi Development Authority vs Rajesh Dua & Ors.

Court

Supreme Court of India

Date

20 January 2023

Case No.

Civil Appeal No. 363 of 2023

Result

Allowed

Bench

M.R. Shah, C.T. Ravikumar

Citation

[2023] 1 S.C.R. 907 : 2023 INSC 68

Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – High Court relied upon its decision in Smt. Harbans Kaur v. Govt. of NCT of Delhi and Ors., in which it had relied on the Supreme Court decision in case of Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki & Ors. – It held that depositing of the amount of compensation with the Reference Court cannot be regarded as compensation having been paid to the landowners and declared that the acquisition with respect to the land in question is deemed to have lapsed as actual physical possession of the subject land was not taken over of the land acquiring agency – Held: The decision in case of Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki & Ors. has been overruled by the subsequent Constitution Bench decision in Indore Development authority v. Manoharlal and Ors. – Applying the law laid by the Supreme Court in the instant case, the compensation with respect to the land in question was deposited in the Reference Court in the year 1967 and that between 1967 and 2017, there is nothing on record to show grievance of original landowners regarding non-payment of compensation and the possession of the land was taken in the year 1967– Therefore, impugned judgment of the High Court unsustainable – Accordingly, set aside – Appeal allowed.

Indore Development Authority vs Manoharlal & Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation & Anr. vs. Harakchand Misrimal Solanki & ors (2014) 3 SCC 183 : [2014] 1 SCR 783 – referred to.

Smt. Harbans Kaur vs. Govt. of NCT of Delhi and Ors. [W.P.(C) 5358 of 2014, decided on 02.02.2015] – 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 passed by the High Court of Delhi at New Delhi in Writ Petition(C) No. 6478 of 2017 by which the High Court has allowed the said writ petition preferred by the respondent Nos. 1 and 2 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 Transparency in L

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