Delhi Development Authority vs Shakuntla Devi and Ors.

Court

Supreme Court of India

Date

20 January 2023

Case No.

Civil Appeal No. 342 of 2023

Result

Allowed

Bench

M.R. Shah, C.T. Ravikumar

Citation

[2023] 1 S.C.R. 787 : 2023 INSC 62

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 private respondent-writ petitioner 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 on the ground that compensation has not been paid or tendered – Sustainability of – Held: Not sustainable – Possession was taken over by the Land Acquisition Collector and handed over to the beneficiary by drawing panchnama – Applying the law laid by this Court in Indore Development Authority’s case, the order of the High Court is quashed and set aside – Land Acquisition Act, 1894.

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 judgmentand order passed by the High Court of Delhi at New Delhi in Writ Petition(C) No. 5053 of 2016 by which the High Court has allowed the said writ petition preferred by the respondent No. 1 herein – original writ petitioner 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 an

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