Govt. of NCT of Delhi & Anr. vs Rati Ram & Anr.

Court

Supreme Court of India

Date

20 January 2023

Case No.

Civil Appeal No. 399 of 2023

Result

Allowed

Bench

M.R. Shah, C.T. Ravikumar

Citation

[2023] 1 S.C.R. 925 : 2023 INSC 75

Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – High Court relying upon Pune Municipal Corporation & Anr. vs Harakchand Misrimal Solanki & Ors allowed the writ petition preferred by the respondents/original writ petitioner and held that 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. – Possession of the land in question was taken over by drawing the possession receipt on the spot – Applying the law laid by Supreme Court in Indore Development Authority to the facts of the case –Order of the High Court set aside – 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.

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. 12145 of 2015 by which the High Court has allowed the said writ petition preferred by the respondent No. 1 herein 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 A

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