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Civil · Reportable judgment

Government of NCT Delhi & Ors. vs Krishan Kumar & Ors.

Court
Supreme Court of India
Date
17 February 2023
Case No.
Civil Appeal No. 946 of 2023
Result
Allowed
Bench
M.R. Shah, C.T. Ravikumar, Sanjay Karol
Citation
[2023] 2 S.C.R. 416 : 2023 INSC 140
Supreme Court Reports [2023] 2 S.C.R. 416 : 2023 INSC 140
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 allowed the writ petition and declared that the acquisition w.r.t the lands in question is deemed to have lapsed by virtue of s.24(2) – On appeal, held: Decision in Pune Municipal Corporation case has been overruled by the Constitution Bench in Indore Development Authority v. Manoharlal and Ors. reported as – Further, no finding was given by High Court w.r.t the case on behalf of the Land Acquisition Collector (LAC) that the possession of the disputed lands in question was taken and handed over to the beneficiary department-DDA immediately – Even the original writ petitioners admitted that they were not in possession, otherwise they would not have asked for return of the possession – The possession proceedings produced on record by LAC were as per the law laid down in the Indore Development Authority case – Applying the law laid down therein to the facts of the case on hand, there shall not be any deemed lapsed as held by the High Court – Impugned judgment setaside – Land Acquisition Act,1894.

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.

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 dated 14.03.2016 in Writ Petition (C) No. 1178 of 2015 by which the High Court has allowed the said writ petition and has declared that the acquisition with respect to the lands in question is deemed to have lapsed by virtue of 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 Government of NC
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