Delhi Development Authority vs Rambir and Ors.

Court

Supreme Court of India

Date

20 January 2023

Case No.

Civil Appeal No.362 of 2023

Result

Allowed

Bench

M.R. Shah, C.T. Ravikumar

Citation

[2023] 1 S.C.R. 901 : 2023 INSC 67

Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – Land Acquisition Act, 1894 – High Court relying on the decision in Pune Municipal Corporation case declared that the acquisition proceeding initiated under the 1894 Act w.r.t the subject lands is deemed to have lapsed u/s.24(2) – On appeal, held: Decision in Pune Municipal Corporation case has been overruled by the decision of Constitution bench in Indore Development Authority case – Applying the law laid down in Indore Development Authority and more particularly, considering the fact that the possession of the land in question was taken over in the year 2007 and handed over to the beneficiary department, the impugned judgment passed by the High Court is set aside.

Indore Development Authority v.Manoharlal

and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 –

followed.

Pune Municipal Corporation and Anr. vs.Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183 : [2014]

1 SCR 783 – referred to.

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgmentand order passed by the High Court of Delhi at New Delhi in Writ Petition(C) No. 5441 of 2017 by which the High Court has allowed the said writ petition 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 Land Acquisition, Rehabilitation and Resettlement

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