Government of NCT of Delhi vs Subhash Gupta & Ors.

Court

Supreme Court of India

Date

9 February 2023

Case No.

Civil Appeal No. 737 of 2023

Result

Allowed

Bench

M.R. Shah, C.T. Ravikumar

Citation

[2023] 1 S.C.R. 407 : 2023 INSC 108

Headnote

Land Acquisition – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – Land Acquisition Act, 1894 – Possession of the land in question could not be taken because of the operation of the stay order in a writ petition and the same came to be continued by Supreme Court till 11.02.2015 – Therefore, there was a stay operating against the taking over of the possession even on the day on which the Act, 2013 came into force – High Court however, relying upon its’ earlier decision in the case of Jagjit Singh and the decision of Supreme Court in the case of Pune Municipal Corporation, allowed writ petition preferred by respondent No.1 and declared that acquisition proceedings initiated under the Act, 1894 with regard to the land in question is deemed to have lapsed under s.24(2) of Act, 2013 as physical possession of the subject land was not taken and compensation was not paid – Held: Decisions in the cases of Pune Municipal Corporation, and Jagjeet Singh are contrary to the Constitution Bench decision of Supreme Court in the case of Indore Development Authority – As per law laid in the case of Indore Development Authority, the period of stay of taking over the possession has to be excluded for the purpose of s.24(2) of Act, 2013 – Even otherwise, once having obtained the stay of possession, thereafter, it will not be open for the landowners to contend that as the possession (which is not taken due to stay) has not been taken therefore, there would be lapse under s.24(2) of the Act, 2013 – Twin conditions namely, not taking the possession and not paying the compensation have to be satisfied and if one of the conditions is not satisfied there shall not be any lapse of the acquisition – Impugned judgment passed by High Court, accordingly, unsustainable.

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

Pune Municipal Corporation & Anr. v. Harakchand Misrimal Solanki & Ors (2014) 3 SCC 183 – held

overruled.

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. 2458 of 2015 by which the High Court has allowed the said writ petition preferred by the respondent No. 1 herein – original writ petitioner and has declared that the land 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 Compensa

View Subscription Plans →