Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 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) Land Acquisition Act, 1894 (1 of 1894) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s. 24(2) – Land Acquisition Act, 1894 – Possession of the land in question could not be taken because of the operation of the stay order in a writ petition and the same came to be continued by Supreme Court till 11.02.2015 – Therefore, there was a stay operating against the taking over of the possession even on the day on which the Act, 2013 came into force – High Court however, relying upon its’ earlier decision in the case of Jagjit Singh and the decision of Supreme Court in the case of Pune Municipal Corporation, allowed writ petition preferred by respondent No.1 and declared that acquisition proceedings initiated under the Act, 1894 with regard to the land in question is deemed to have lapsed under s. 24(2) of Act, 2013 as physical possession of the subject land was not taken and compensation was not paid – Held: Decisions in the cases of Pune Municipal Corporation, and Jagjeet Singh are contrary to the Constitution Bench decision of Supreme Court in the case of Indore Development Authority – As per law laid in the case of Indore Development Authority, the period of stay of taking over the possession has to be excluded for the purpose of s. 24(2) of Act, 2013 – Even otherwise, once having obtained the stay of possession, thereafter, it will not be open for the landowners to contend that as the possession (which is not taken due to stay) has not been taken therefore, there would be lapse under s. 24(2) of the Act, 2013 – Twin conditions namely, not taking the possession and not paying the compensation have to be satisfied and if one of the conditions is not satisfied there shall not be any lapse of the acquisition – Impugned judgment passed by High Court, accordingly, unsustainable. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 108 |
Petitioner | Government Of Nct Of Delhi |
Respondent | Subhash Gupta & Ors. |
SCR | [2023] 1 S.C.R. 407 |
Judgement Date | 2023-02-09 |
Case Number | 737 |
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