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Civil · Reportable judgment

National Capital Territory of Delhi & Anr. vs Subhash Chander Khatri & Ors.

Court
Supreme Court of India
Date
24 February 2023
Case No.
Civil Appeal No.1353 of 2023
Result
Allowed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2023] 3 S.C.R. 107 : 2023 INSC 170
Supreme Court Reports [2023] 3 S.C.R. 107 : 2023 INSC 170
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, allowed the writ petition and declared that the acquisition proceedings initiated w.r.t the subject land are deemed to have lapsed – On appeal, held: Decision in Pune Municipal Corporation case has been overruled by the Constitution Bench of Supreme Court in Indore Development Authority v. Manoharlal and Ors. reported as [2020] 3 SCR 1 – Applying the law laid down therein, more particularly, the fact that physical possession of the subject land was taken over and in fact was put to use by the beneficiary department-Irrigation and Flood Control Board for construction of Bankner Link Drain which was duly built, there shall not be any lapse of the acquisition w.r.t the subject land – Impugned judgment being contrary to the decision in the Indore Development Authority case is quashed and setaside – Writ petition before the High Court is dismissed – Land Acquisition Act,1894. 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.

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. 12118 of 2015, by which, the High Court has allowed the said writ petition and has declared that the acquisition proceedings initiated under the Land Acquisition Act, 1894 with regard to the subject land are deemed to have lapsed and that the original writ petitioners are entitled to the compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
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