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 Disposed Off |
Headnote | Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s. 24(2) – Notification u/s 4 was issued on 23.06.1989 – Another notification u/s 6 was issued on 20.06.1990 – Award announced on 19.06.1992 – Respondents filed a writ petition in the High Court claiming that neither possession was taken over nor compensation was paid thus the acquisition had lapsed u/s 24(2) – The appellant’s stand before the High Court was that the possession of the land was taken on 06.12.2012 but compensation could not be paid to the recorded land owners as they never claimed the same – High court relied on the case of Pune Municipal Corporation’s for interpretation of s.24(2) as per which possession as well as payment must be complete, within five years and since compensation has not been paid the acquisition in question has lapsed – On appeal, held: Pune Municipal Corporation case had been overruled by Indore Development Authority’s case as per which compliance of either of the two conditions i.e. taking over of possession of the land or payment of compensation, is good enough to sustain the acquisition – In the case at hand, the possession of the land was taken over by the Land Acquisition Collector and handed over to Delhi Development Authority, hence, one of the conditions being satisfied thus there is no deemed lapse and the acquisition is sustained – Judgment of High Court unsustainable – Accordingly, set aside. |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 357 |
Petitioner | Land And Building Department Thr. Secretary & Anr |
Respondent | Attro Devi & Ors. |
SCR | [2023] 3 S.C.R. 374 |
Judgement Date | 2023-04-11 |
Case Number | 2749 |
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