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Civil · Reportable judgment

Government of NCT of Delhi vs Vijay Gupta & Ors.

Court
Supreme Court of India
Date
24 March 2023
Case No.
Civil Appeal No. 1784 of 2023
Result
Allowed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2023] 3 S.C.R. 673 : 2023 INSC 297
Supreme Court Reports [2023] 3 S.C.R. 673 : 2023 INSC 297
Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – High Court allowing the writ petition filed by respondents-subsequent purchasers declared that the acquisition w.r.t the land in question is deemed to have lapsed by virtue of s.24(2) – Objection as to the locus of the subsequent purchasers to challenge the acquisition/lapsing of the acquisition – Held: A subsequent purchaser has no locus to challenge the acquisition/lapsing of the acquisition – High Court erred in entertaining the writ petition preferred by the respondents praying for lapsing of the acquisition – There shall not be any deemed lapse of the acquisition proceedings w.r.t the land in question – Impugned judgment is quashed and set aside. Shiv Kumar & Anr. v. Union of India & Ors. (2019) 10 SCC 229 : 2019 (13) SCALE 698; Delhi Development Authority v. Godfrey Phillips (I) Ltd. & Ors. (2022) 8 SCC 771; Delhi Administration Thr. Secretary, Land and Building Department & Ors. v. Pawan Kumar & Ors. (2022) 7 SCC 470 – relied on.

Government (NCT of Delhi) v. Manav Dharam Trust and Anr. (2017) 6 SCC 751 : [2017] 4 SCR 232 – 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 dated 06.08.2018 in Writ Petition (C) No. 9196 of 2015 by which the High Court has allowed the said writ petition preferred by the contesting respondents 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 ref
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