Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) Delhi Lands (restriction on Transfer) Act, 1972 (30 of 1972) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Right to Fair Compensation and Transparency in LandAcquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) –Locus of a subsequent purchaser to invoke s.24(2) to claim lapseof acquisition – Writ petition filed by the respondent no.1 invokings.24(2) was allowed, acquisition in question was held to have lapsed– Correctness of – Held: A subsequent buyer of the property afterissuance of the notification u/s.4 of the 1894 Act has no locus toinvoke s.24(2) of the 2013 Act – In the present case, notification u/s.4 of 1894 Act was issued on 25.11.1980 and the sale deed infavour of the respondent no.1 was registered on 18.6.2003 – Ratherit is evident from the affidavit filed by the Land Acquisition Collectorin the High Court that the respondent no.1 purchased the land fromone ‘BB’ who had purchased the same vide sale deed dated09.06.1981, which itself was after the issuance of notification u/s.4of the 1894 Act on 25.11.1980 – Hence, the respondent did nothave right to invoke jurisdiction of the High Court to claim that theacquisition in question had lapsed in view of s.24(2) of the 2013Act – Impugned order passed by High Court set aside – Writ petitionfiled by the respondent No.1 dismissed – Land Acquisition Act, 1894– s.4 – Delhi Lands (Restrictions on Transfer) Act, 1972 – s.8 –Land Acquisition. |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 558 |
Petitioner | Government Of Nct Of Delhi |
Respondent | Ravinder Kumar Jain & Ors. |
SCR | [2023] 7 S.C.R. 311 |
Judgement Date | 2023-04-18 |
Case Number | 3621 |
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