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) |
Case(s) Referred | Referred Case 0 |
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) – Lapse of acquisition – On facts, the subject land was acquired in the year 2007 by drawing panchnama – Same land was sold to the respondent no. 1 in 2010 by the owner – Writ petition by the respondent-original writ petitioner seeking declaration that acquisition proceedings pertaining to subject land is deemed to have lapsed in view of s.24(2) on the ground that the compensation was not paid – High Court allowed the petition – On appeal, held: Subsequent purchaser had no locus to challenge the acquisition and/or lapsing of the acquisition under the Act, 2013 – High Court erred in entertaining the writ petition filed by the respondent no.1, subsequent purchaser who had acquired the right, title or interest in the land in question subsequent to the acquisition proceedings, subsequent to passing of the award – Even otherwise, on merits also and in light of the decision in the case of Indore Development Authority’s case, the decision of the High Court is unsustainable – Thus, the impugned judgment and order passed by the High Court is quashed and set aside. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 47 |
Petitioner | Delhi Development Authority |
Respondent | Beena Gupta (d) Through Lrs. & Ors. |
SCR | [2023] 1 S.C.R. 719 |
Judgement Date | 2023-01-16 |
Case Number | 9287 |
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