Land Acquisition Collector (South East) vs Dharamvir and Ors.

Court

Supreme Court of India

Date

9 December 2022

Case No.

Civil Appeal No. 8992 of 2022

Result

Allowed

Bench

M.R. Shah, C.T. Ravikumar

Citation

[2022] 17 S.C.R. 835 : 2022 INSC 1270

Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s.24(2) – Land Acquisition – Possession taken on 16.03.2004 – High Court declared that the land acquisition with respect to the land in question is deemed to have lapsed on the ground that the amount of compensation was not paid to the land owners – Held: The view taken by the High Court is not sustainable in view of the Constitutional Bench decision of Supreme Court in Indore Development Authority v. Manoharlal and Ors. wherein it was held that in case possession was taken but compensation not paid then there is no lapse – High Court order set aside.

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 dated 25.04.2016 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 4576 of 2015 by which the High Court has allowed the said writ petition preferred by the respondents herein and has declared that the land acquisition proceedings 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, Rehabilitation and Resettlement Act, 2013 (hereinafter refe

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