Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rehabilitation and Resettlement Act 2013 Right to Fair Compensation and Transparency in Land Acquisition s. 24(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s. 24(2) – It was the specific case on behalf of the appellant that the original writ petitioner or subsequent purchaser has no locus to challenge the acquisition – However, same was not dealt by the High Court – High Court relying upon Pune Municipal Corporation & Anr. Vs Harakchand Misrimal Solanki & ors held that the acquisition proceedings in respect of land in question deemed to have lapsed u/s. 24(2) of 2013 Act on the ground that neither possession of the subject land has not been taken nor has the compensation been tendered/paid to the original petitioner – On appeal, held: In the case of Godfrey Philips (I) Ltd. it was held that subsequent purchaser has no locus to claim lapse of acquisition proceedings – Even otherwise, the decision in the case of Pune Municipal Corporation has been overruled by the Constitution Bench of the Supreme Court in case of Indore Development Authority v. Manoharlal and Ors. – Applying the law laid by the Supreme Court in cases of Godfrey Philips (I) Ltd, Shiv Kumar and Indore Development Authority, the impugned judgment and order passed by the High Court unsustainable – Appeal allowed. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 221 |
Petitioner | Govt. Of Nct Of Delhi & Anr |
Respondent | Manjeet Kaur & Anr. |
SCR | [2023] 2 S.C.R. 202 |
Judgement Date | 2023-03-13 |
Case Number | 1458 |
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