Govt. of NCT Delhi & Anr. vs Dinesh Kumar & Anr.

Court

Supreme Court of India

Date

28 April 2023

Case No.

Civil Appeal No. 3151 of 2023

Result

Allowed

Bench

M.R. Shah, C.T. Ravikumar

Citation

[2023] 4 S.C.R. 848 : 2023 INSC 467

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 writ petitioner seeking declaration that acquisition proceedings pertaining to subject land is deemed to have lapsed in view of s.24(2) – High Court held the acquisition is deemed to have lapsed on the ground that no compensation was paid for the suit land – Sustainability of – Held: Not sustainable – Possession of the disputed lands was taken on 31.12.2013 by drawing panchnama – Applying the law laid by this Court in Indore Development Authority the twin conditions of not taking possession and not paying compensation has to be satisfied – Thus, if one of the two ingredients of s. 24(2) is not met, there shall not be any deemed lapse of acquisition u/s. 24(2) – Thus, the order of the High Court is set aside – Land Acquisition Act, 1894.

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

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. 4954 of 2016, 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 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, 2013”), the Govt. of NCT of Delhi has preferred the

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