Land and Building Department through Secretary, Government of NCT of Delhi & Anr. vs Mahipal Singh & Ors.

Court

Supreme Court of India

Date

2 December 2022

Case No.

Civil Appeal No. 8932 of 2022

Result

Allowed

Bench

M.R. Shah, C.T. Ravikumar

Citation

[2022] 16 S.C.R. 609 : 2022 INSC 1251

Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s.24(2) – Land Acquisition – Possession of land taken on 03.12.2012and handed over to DDA – Compensation also sent to Reference Court on 28.10.2014 – Inspite of this, solely on the ground that the compensation was not tendered prior to coming into force of the Act, 2013, High Court declared that the land acquisition with respect to the land in question was deemed to have lapsed – 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 passed by the High Court of Delhi at New Delhi in Writ Petition(C) No. 11238 of 2015 by which the High Court has allowed the said writ petition and has declared that theland acquisition proceedings initiated under the Land Acquisition Act, 1894 (hereinafter referred to as “Act, 1894”) with regard to the landin question isdeemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlem

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