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Civil · Reportable judgment

Union of India through Land Acquisition Collector vs Rajesh Kumar and Ors.

Court
Supreme Court of India
Date
13 March 2023
Case No.
Civil Appeal No. 1615 of 2023
Result
Allowed
Bench
M.R. Shah, Manoj Misra
Citation
[2023] 2 S.C.R. 191 : 2023 INSC 216
Supreme Court Reports [2023] 2 S.C.R. 191 : 2023 INSC 216
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 petitioner’s case that possession of the agricultural land has been taken – 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 relying upon Pune Municipal Corporation’s case and on the ground that compensation has not been paid or tendered allowed the writ petition – Sustainability of – Held: Not sustainable – Pune Municipal Corporation’s case has been overruled by this Court in the Constitution Bench decision in Indore Development Authority’s case – Applying the law laid by this Court in Indore Development Authority’s case to the facts of case, and that the physical possession of the subject land was taken on 22.09.1997, the order of the High Court is quashed and set aside – Land Acquisition Act, 1894. Indore Development Authority v. Manoharlal & Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed.

Pune Municipal Corporation & Anr. v. Harakchand Misrimal Solanki & 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. 9269 of 2014 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 (hereinafter referred to as “Act, 1894”) 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 Resettlemen
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