Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 11 Right to Fair Compensation and Transparency in Land Acquisition 2013 – s. 24(2) – Land Acquisition Act 1894 – ss. 4 6 Rehabilitation and Resettlement Act 30 31 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) 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) – Land Acquisition Act, 1894 – ss. 4, 6, 11, 30, 31 – Respondent no.1 purchased a land – The said land was subject matter of acquisition – Notifications u/ss. 4 ,6 were issued and thereafter award was announced – Writ petition was filed invoking s.24(2) of the 2013 Act claiming that neither the compensation has been paid to the Respondent no.1 nor the possession of the land had been taken by the acquiring authority, hence, the acquisition lapsed – Land Acquisition Collector took the stand that possession of the land was taken and there was dispute regarding ownership of land, so the compensation for the land was deposited with the Reference Court – High Court found that one of the conditions laid down in s.24(2) of the 2013 Act having not been complied with regarding payment of compensation to the Respondent no.1, the acquisition has lapsed – On appeal, held: The Constitution Bench of Supreme Court in Indore Development Authority’s case has opined that satisfaction of either of the conditions namely either taking possession of the acquired land or payment of compensation to the landowners would be sufficient to save the acquisition from being lapsed in terms of s. 24(2) of the 2013 Act – After the acquisition of land and passing of award, the land vests in the State free from all encumbrances – The vesting of land with the State is with possession – From the facts as are available on record, it is evident that respondent no.1 was admittedly not the recorded owner of the land at time of acquisition thereof or pronouncement of award by the Land Acquisition Collector – The amount of compensation was deposited with the Reference Court in term of Section 30/31 of the 1894 Act as the same could not be paid to Respondent no.1 – Hence, one of the conditions being satisfied, the order passed by the High Court cannot be legally sustained whereby the acquisition has been held to have lapsed in terms of s. 24(2) of the 2013 Act. |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 473 |
Petitioner | Delhi Development Authority |
Respondent | Anita Singh & Ors. |
SCR | [2023] 5 S.C.R. 655 |
Judgement Date | 2023-05-01 |
Case Number | 2994 |
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