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Civil · Reportable judgment

The Secretary, Land & Building Dept. Govt. of NCT of Delhi & Ors. vs Om Prakash (Dead) through Lrs. & Ors.

Court
Supreme Court of India
Date
20 January 2023
Case No.
Civil Appeal No.424 of 2023
Result
Disposed
Bench
M.R. Shah, Hima Kohli
Citation
[2023] 1 S.C.R. 777 : 2023 INSC 71
Supreme Court Reports [2023] 1 S.C.R. 777 : 2023 INSC 71
Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s. 24(2) – Land acquisition, when deemed to have lapsed – Writ petition by the private respondent-writ petitioner seeking declaration that acquisition proceedings pertaining to subject land is deemed to have lapsed in view of s.24(2) – High Court held the acquisition is deemed to have lapsed on the ground that compensation with respect to the land was not tendered – Sustainability of – Held: Not sustainable – Possession of the land was taken over and handed over to the beneficiary department in the year 1981 – Applying the law laid by this Court in Indore Development Authority’s case, the twin conditions of not taking possession and not paying compensation has to be satisfied and if one of the conditions is not satisfied, there shall not be any lapse u/s. 24(2) – Furthermore, the grievance with respect to not tendering the full compensation was made after a period of

24 years from the date of passing of the award and on the Act of 2013 coming into force, and it was the specific case on behalf of the department that payment of compensation with respect to the lands could not be ascertained due to torn condition of Naksha Muntzamin – Applying the law laid down in the Indore Development Authority’s case, the order passed by the High Court is quashed and set aside – Land Acquisition Act, 1894.

Indore Development Authority Vs. Manoharlal and Ors, (2020) 8 SCC 129 – followed.

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 dated 18.07.2017 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 5664 of 2014, by which, the High Court has allowed the said writ petition and has declared that the acquisition proceedings with respect to the land(s) 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 Governm
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