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 s.24(2) Right to Fair Compensation and Transparency in Land Acquisition |
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 |
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) – 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 set aside – Writ petition before the High Court is dismissed – Land Acquisition Act,1894. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 170 |
Petitioner | National Capital Territory Of Delhi & Anr. |
Respondent | Subhash Chander Khatri & Ors. |
SCR | [2023] 3 S.C.R. 107 |
Judgement Date | 2023-02-24 |
Case Number | 1353 |
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