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Civil · Reportable judgment

Government of NCT Delhi & Ors. vs Jai Pal

Court
Supreme Court of India
Date
13 March 2023
Case No.
Civil Appeal No. 1616 of 2023
Result
Allowed
Bench
M.R. Shah, Manoj Misra
Citation
[2023] 2 S.C.R. 214 : 2023 INSC 218
Supreme Court Reports [2023] 2 S.C.R. 214 : 2023 INSC 218
Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – It was specific case on behalf of the appellants-Government of NCT Delhi that possession of the land was taken – High Court relying upon Pune Municipal Corporation & Anr. v. Harakchand Misrimal Solanki & ors allowed the writ petition preferred by the respondent/original writ petitioner – High Court held that the acquisition proceedings in respect of land in question deemed to have lapsed u/s. 24(2) of 2013 Act on the ground that the compensation has not been paid to the original petitioner – On appeal, held: The decision in the case Pune Municipal Corporation has been overruled by the Constitution Bench in the case of Indore Development Authority v. Manoharlal and Ors. – Applying the law laid down in Indore Development Authority to the facts of the case, as the possession of the land in question was taken, there shall not be any deemed lapse u/s. 24(2) of Act, 2013 – Order of the High Court is set aside – Appeal allowed. Indore Development Authority v. Manoharlal & Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed.

Pune Municipal Corporation & Anr. v. Harakchand Misrimal Solanki & Ors. (2014) 3 SCC 183 – 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. 4776 of 2015 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 Resettlemen
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