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Civil · Reportable judgment

Government of NCT of Delhi vs Ratiram & Ors.

Court
Supreme Court of India
Date
20 January 2023
Case No.
Civil Appeal No. 379 of 2023
Result
Allowed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2023] 1 S.C.R. 791 : 2023 INSC 72
Supreme Court Reports [2023] 1 S.C.R. 791 : 2023 INSC 72
Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s. 24(2) – Land acquisition, when deemed to have lapsed – Writ petition by the private respondent-writ petitioner seeking declaration that acquisition proceedings pertaining to subject land is deemed to have lapsed in view of s.24(2) – High Court relying upon the decision in Pune Municipal Corporation case held the acquisition is deemed to have lapsed on the ground that compensation with respect to the land was not tendered – Sustainability of – Held: Not sustainable – Possession of the land was taken over and handed over to the beneficiary department – Impugned Judgment contrary to law laid down by this Court in the Constitution Bench decision in the Indore Development Authority’s case – Order passed by the High Court is quashed and set aside – Land Acquisition Act, 1894.

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

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 13.02.2017 in Writ Petition (C) No. 8685 of 2015 by which the High Court has allowed the said writ petition preferred by the private respondent herein and has declared that the acquisition with respect to the land 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 referre
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