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Civil · Reportable judgment

Govt. of NCT of Delhi & Anr. vs Khajan Singh & Anr.

Court
Supreme Court of India
Date
20 January 2023
Case No.
Civil Appeal No. 361 of 2023
Result
Allowed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2023] 1 S.C.R. 913 : 2023 INSC 65
Supreme Court Reports [2023] 1 S.C.R. 913 : 2023 INSC 65
Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – S. 24(2) – High Court relying upon the decision in Pune Municipal Corporation & Anr. v. Harakchand Misrimal Solanki & Ors observed that though possession of the land in question was taken over but as compensation was not paid, the acquisition proceedings in respect of land in question deemed to have lapsed u/s. 24(2) of 2013 Act – On appeal, held: The decision in Pune Municipal Corporation & Anr. v. Harakchand Misrimal Solanki & Ors has been specifically overruled by the Constitution Bench in the case Indore Development Authority v. Manoharlal and Ors. – The case of Indore Development Authority, for lapsing of acquisition u/s. 24(2) of the Act, 2013, twin conditions, namely, possession not taken and compensation not tendered are required to be satisfied – It is observed and held that even if one of the conditions is not satisfied, in that case also, there shall not be any lapsing u/s. 24(2) of the Act, 2013 – In the present case, admittedly the possession of the land in question was taken over on the different dates as mentioned in the returns / counter affidavit before the High Court – Therefore, impugned judgment and order passed by the High Court unsustainable – Appeal allowed.

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

Pune Municipal Corporation & Anr. Vs Harakchand

Misrimal Solanki & Ors (2014) 3 SCC 183 : [2014] 1 SCR 783 – 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 in Writ Petition (C) No. 6719 of 2015 by which the High Court has allowed the said writ petition and has declared that the 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 Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlemen
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