Govt. of NCT Delhi & Ors. vs Dhannu & Anr.

Court

Supreme Court of India

Date

17 February 2023

Case No.

Civil Appeal No.942 of 2023

Result

Allowed

Bench

M.R. Shah, C.T. Ravikumar, Sanjay Karol

Citation

[2023] 2 S.C.R. 397 : 2023 INSC 138

Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – High Court relying on the decision of Supreme Court in Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and Ors. reported as allowed the writ petition filed by the original writ petitioner-respondent no.1 herein and declared that the acquisition proceeding w.r.t the land in question is deemed to have lapsed u/s.24(2) – On appeal, held: Decision in Pune Municipal Corporation case has been overruled by the Constitution Bench in Indore Development Authority v. Manoharlal and Ors. reported as – Applying the law laid down therein and as admittedly the land belongs to Gram Sabha and the original writ petitioner was not the recorded owner and/or even the owner, the High Court ought not to have entertained the writ petition– Impugned judgment set aside.

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

Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183 : [2014]

1 SCR 783 – referred to.

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 16.11.2017 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 3158 of 2015 by which the High Court has allowed the said writ petition preferred by the respondent no.1 herein – original writ petitioner (now represented through his heirs) 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, Rehabilit

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