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Civil · Reportable judgment

Government of NCT of Delhi vs Siddharth Kapoor & Ors.

Court
Supreme Court of India
Date
13 March 2023
Case No.
Civil Appeal No. 1596 of 2023
Result
Allowed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2023] 2 S.C.R. 224 : 2023 INSC 215
Supreme Court Reports [2023] 2 S.C.R. 224 : 2023 INSC 215
Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – High Court relied upon the Supreme Court decision in case of Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and Ors. and declared the acquisition proceedings with respect to the land in question deemed to have lapsed by virtue of s.24(2) of the 2013 Act – It is the specific case of the appellant-State that the possession of the land was taken – Held: The case relied on by High Court has been overruled by the subsequent Constitution Bench decision in Indore Development authority v. Manoharlal and Ors. – Applying the law laid down by the Supreme Court to the instant case, there is no deemed lapse u/s. 24(2) of the 2013 Act – Impugned judgment of the High Court 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 : [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. 2512 of 2015 by which the High Court has allowed the said writ petition 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 referred to as: “Act, 2013”), the Government of NCT of Delhi has pr
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