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Civil · Reportable judgment

Delhi Development Authority vs Shiv Raj & Ors.

Court
Supreme Court of India
Date
19 April 2023
Case No.
Civil Appeal No. 2934 of 2023
Result
Allowed
Bench
M.R. Shah, Ahsanuddin Amanullah
Citation
[2023] 4 S.C.R. 41 : 2023 INSC 396
Supreme Court Reports [2023] 4 S.C.R. 41 : 2023 INSC 396
Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – High Court relying on the decision of Supreme Court in Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and Ors. reported as [2014] 1 SCR 783 declared that the acquisition proceeding initiated w.r.t the land in question is deemed to have lapsed u/s.24(2) – On appeal, held: Decision in Pune Municipal Corporation case relied upon by the High Court while passing the impugned judgment has been overruled by the Constitution Bench in Indore Development Authority v. Manoharlal and Ors. reported as [2020] 3 SCR 1– Applying the law laid down therein to the present case and the fact that the possession of the land in question was taken over, there shall not be any deemed lapse of acquisition – Impugned judgment set aside.

Indore Development Authority vs. 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.

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 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 8081 of 2015 by which the High Court has allowed the said writ petition and has declared that the acquisition 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 Act, 2013 (hereinafter referred to as “Act, 2013”), the Delhi Development Authority has preferred
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