Government of NCT of Delhi & Anr. vs Manjeet Singh Anand & Anr.

Court

Supreme Court of India

Date

20 January 2023

Case No.

Civil Appeal No. 360 of 2023

Result

Allowed

Bench

M.R. Shah, C.T. Ravikumar

Citation

[2023] 1 S.C.R. 771 : 2023 INSC 64

Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s. 24(2) – Land acquisition – Subject land acquired in the year 1964, and in the year 1967 the physical possession of the land was taken by drawing panchnama as also compensation was deposited – Thereafter, writ petition by the respondent no. 1 claiming that the acquisition proceedings under the Land Acquisition Act with respect to the subject land deemed to have lapsed u/s. 24(2) – Allowed by the High Court – Sustainability of – Held: Not sustainable – Respondent no. 1-original writ petitioner not the recorded owner and he filed the writ petition on the basis of some documents, General Power of Attorney, receipts – Subsequent purchaser has no locus to challenge the acquisition – Impugned judgment contrary to law laid down by this Court in the Indore Development Authority’s case – Thus, the High Court erred in entertaining the writ petition preferred at the instance of respondent No. 1-original writ petitioner and is quashed and set aside.

Indore Development Authority Vs. Manoharlal and Ors, (2020) 8 SCC 129 - followed.

Smt. Harbans Kaur Vs. Govt. of NCT of Delhi and Ors. W.P.(C) 5358 of 2014, decided on 02.02.2015; Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183 : [2014]

(1) SCR 783; Shiv Kumar and Anr. Vs. Union of India and Ors., (2019) 10 SCC 229; Delhi Development Authority Vs. Godfrey Philips (I) Ltd. & Ors., Civil Appeal No. 3073 of 2022, Delhi Administration Thr. Secretary, Land and Building Department & Ors. Vs. Pawan Kumar & Ors., - Civil Appeal No. 3646 of 2022referred to.

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. 7004 of 2015 by which the High Court has allowed the said writ petition preferred by the respondent No. 1 herein 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 Acq

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