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Civil · Reportable judgment

Government of NCT of Delhi vs Krishna Saini & Ors.

Court
Supreme Court of India
Date
2 December 2022
Case No.
Civil Appeal No. 8933 of 2022
Result
Allowed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2022] 16 S.C.R. 615 : 2022 INSC 1246
Supreme Court Reports [2022] 16 S.C.R. 615 : 2022 INSC 1246
Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s.24(2) – Before the High Court, it was specific case on behalf of the appellants-original respondents that the possession of the subject land was taken on 05.09.2002 – The same was disputed by the original writ petitioners – However, thereafter, solely on the ground that the compensation was not tendered and relying upon the decision in the case of Pune Municipal Corporation, High Court allowed the writ petition and declared that the land acquisition proceedings under the Act, 1894 lapsed by virtue of s.24(2) – Hence instant appeal – Held: In view of Indore Development Authority case and as the judgment in the case of Pune Municipal Corporation was specifically overruled by this Court, the impugned judgment and order passed by the High Court is unsustainable – The same is quashed and set aside.

Indore Development Authority v. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed.

Pune Municipal Corporation and Anr. v. 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. 10135 of 2015 by which the High Court has declared that the acquisition proceedings initiated under the Land Acquisition Act, 1894 (hereinafter referred to as “Act, 1894”) in respect of the subject land 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
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