Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Right to Fair Compensation and Transparency in Land Acquisition 2013: Rehabilitation and Resettlement Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
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) – Land acquisition proceedings, when deemed to have lapsed – Land of the respondents notified u/s. 4 of the Land Acquisition Act, 1894 as required for the planned development of Delhi vide notification dated 25.11.1980 – Declaration u/s. 6 published and the award passed – Initiation of acquisition process vide notifications dated 5.11.1980 and 25.11.1980 – Challenge to, in various writ petitions – High Court granted interim order of stay of dispossession – Numerous litigation continued – Meanwhile, 2013 Act came into force – Application filed in the pending writ petition – Allowed by the High Court holding that the acquisition proceedings stood lapsed by virtue of s.24(2) – On appeal, held : Since the entire notification was quashed by the High Court in Gurdip Singh and Balbir Singh, thus, the State could not take possession on the basis of quashed notification – However, before the judgments of this Court were pronounced in the year 1999 or 2000, the land owner had obtained stay of dispossession – Thus, it is not a stay of dispossession pending notification u/s. 6 or award u/s. 11-A but the acquisition of the entire land which came to be settled by this Court – Thus, the State could not take possession on the basis of a notification u/s. 6 leading to the award in 1987 – There was no stay but the acquisition itself stood quashed – When the 2013 Act came into force on 01.01.2014, the five years period had not lapsed which was stay free or free from setting aside of the acquisition – Appellant was prevented by the interim orders in a number of writ petitions filed to take possession – Thus, prior to the commencement of 2013 Act, there was no stay free period of 5 years which could lead to a declaration that the proceedings stand lapsed – Notifications u/s. 6 quashed on 15.5.1989 and 17.12.1996 were set aside in Gurdip Singh Uban-I and II’s case but before that, there was an order of stay of dispossession granted in favour of the land owner on 27.9.1999 – Thus, on account of setting aside of notification u/s. 6, the State could not take possession in view of the orders passed by the High Court – Thus, order passed by High Court is set aside. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2022 INSC 601 |
Petitioner | Delhi Development Authority |
Respondent | Sunil Khatri & Ors. |
SCR | [2022] 4 S.C.R. 68 |
Judgement Date | 2022-05-19 |
Case Number | 3862 |
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