Land & Building Department & Anr. vs Manish Sethi and Ors.

Court

Supreme Court of India

Date

17 February 2023

Case No.

Civil Appeal No. 945 of 2023

Result

Allowed

Bench

M.R. Shah, C.T. Ravikumar, Sanjay Karol

Citation

[2023] 2 S.C.R. 392 : 2023 INSC 137

Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – Land Acquisition Act, 1894 – High Court relying on the decision of Supreme Court in Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and Ors. reported as declared that the acquisition proceeding initiated under the 1894 Act 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 – Applying the law laid down therein and considering the stand taken by the appellant before the High Court that the possession of the disputed land in question was taken, there shall not be any deemed lapse u/s. 24(2) – Impugned judgment set aside.

Indore Development Authority v. 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. 6060 of 2014 by which the High Court has allowed the said writ petition and has declared that the acquisition 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 referred to as “Act, 2013”), the Land and Building Department and the Land

View Subscription Plans →