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Civil · Reportable judgment

Govt. of NCT of Delhi & Anr. vs Sh. Narender & Anr.

Court
Supreme Court of India
Date
9 February 2023
Case No.
Civil Appeal No. 740 of 2023
Result
Allowed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2023] 1 S.C.R. 413 : 2023 INSC 108
Supreme Court Reports [2023] 1 S.C.R. 413 : 2023 INSC 108
Headnote

Land Acquisition – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – Land Acquisition Act, 1894 – Relying upon the decision of Supreme Court in the case of Pune Municipal Corporation, the High Court allowed writ petition preferred by respondent no.1 and declared that the land acquisition proceedings initiated under the Act, 1894 of the subject land is deemed to have lapsed under s.24(2) of the Act, 2013 – Decision in the case of Pune Municipal Corporation has been specifically overruled by the Constitution Bench decision in the case of Indore Development Authority – Accordingly, twin conditions namely, not taking possession and not paying compensation have to be satisfied and if one of the conditions is not satisfied there shall not be any lapse of the acquisition – Possession of land in question was duly taken on 14.09.2007 – High Court, thus, committed serious error in declaring that the acquisition with respect to the land in question is deemed to have lapsed u/s.24(2) of the Act, 2013 – Judgment of High Court unsustainable.

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

Pune Municipal Corporation & Anr. v. Harakchand Misrimal Solanki & Ors (2014) 3 SCC 183 – held overruled.

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. 10670 of 2015 by which the High Court has allowed the said writ petition preferred by the respondent No. 1 herein – original writ petitioner and has declared that the land 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 Compens
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