Govt. of NCT of Delhi and Anr. vs Shiv Dutt Sharma and Anr.

Court

Supreme Court of India

Date

24 November 2022

Case No.

Civil Appeal No. 8198 of 2022

Result

Allowed

Bench

M.R. Shah, M.M. Sundresh

Citation

[2022] 15 S.C.R. 686 : 2022 INSC 1231

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 gave a specific finding that the possession of the subject land was taken, however compensation was not paid, therefore, declared the acquisition with respect to the land in question has lapsed u/s. 24(2) of the Act of 2013 – Held: The case relied on by High Court has been overruled by the subsequent decision in Indore Development authority v. Manoharlal and Ors. in which the Constitution Bench of the Supreme Court held that in case possession has been taken and compensation has not been paid then there is no lapse – Therefore, judgment of the High Court set aside – Appeals allowed. Indore Development Authority v. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed.

Pune Municipal Corporation and Anr. v. 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 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 1870 of 2016 by which the High Court has allowed the said writ petition preferred by the respondent No.1 herein and has declared that the acquisition with respect to the land in question has 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 Government of N

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