Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rehabilitation and Resettlement Act 1894 – ss. 4 and 6 – Right to Fair Compensation and Transparency in Land Acquisition 2013 – s. 24(2) Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894 – ss. 4 and 6 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s. 24(2) – Lapse of acquisition proceedings – Claim of – Respondent purchased property after the publication of notice u/ss.4 and 6 of the 1894 Act – Appellants had deposited compensation (amount payable to original owners) by filing application in the High Court since the deposit was not accepted by the Additional District Judge, on account of the Court closed for winter vacations – The High Court passed order recording that the same shall be treated as tendered to the Court of Additional District Judge on 30.12.2013 – Respondent filed writ petition before the High Court and claimed lapse of the proceedings under 2013 Act – The High Court declared the acquisition proceedings as lapsed in view of the provisions of s. 24(2) of the 2013 Act – Held: The respondent is a purchaser after the publication of notice u/ss. 4 and 6 of the Act and in fact after the award of the Land Acquisition Collector – Therefore, for the reasons recorded in the matter of Delhi Development Authority v. Godfrey Phillips (I) Ltd., subsequent purchaser is not entitled to claim lapsing of the proceedings under the 2013 Act – Further, the finding that compensation was not offered to the land owners and therefore the deposit in the Court cannot be regarded as payment of compensation is again not tenable in view of the judgment in Indore Development Authority v. Manohar Lal & Ors. – Therefore, the order passed by the High Court is not sustainable and same is set aside – Appeal allowed. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2022 INSC 526 |
Petitioner | Delhi Administration Thr. Secretary, Land And Building Department & Ors. |
Respondent | Pawan Kumar & Ors. |
SCR | [2022] 3 S.C.R. 791 |
Judgement Date | 2022-05-06 |
Case Number | 3646 |
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