Land Acquisition Collector (South) vs Hari Chand and Anr.

Court

Supreme Court of India

Date

19 April 2023

Case No.

Civil Appeal No. 2926 of 2023

Result

Allowed

Bench

M.R. Shah, Ahsanuddin Amanullah

Citation

[2023] 4 S.C.R. 46 : 2023 INSC 395

Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – High Court relying on the decision of Supreme Court in Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and Ors. reported as [2014] 1 SCR 783 declared that the acquisition proceeding initiated w.r.t the land in question is deemed to have lapsed u/s.24(2) – On appeal, held: Decision in Pune Municipal Corporation case has been overruled by the Constitution Bench in Indore Development Authority v. Manoharlal and Ors. reported as [2020]

3 SCR 1– Applying the law laid down therein to the present case and the fact that the possession of the land in question was taken over, there shall not be any deemed lapse of acquisition – Impugned judgment set aside.

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

Pune Municipal Corporation and Anr. Vs. 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. 3435 of 2016 by which the High Court has allowed the said writ petition and has declared that the acquisition 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 Resettlement Act, 2013 (hereinafter referred to as “Act, 2013”), the Land Acquisition Collector (South), New De

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