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 | Land Acquisition (amendment and Validation) Act, 1967 (13 of 1967) 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 Disposed Off |
Headnote | Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s. 24(2) – Land acquisition, when deemed to have lapsed – Writ petition by the private respondent-writ petitioner seeking declaration that acquisition proceedings pertaining to subject land is deemed to have lapsed in view of s. 24(2) – High Court held the acquisition is deemed to have lapsed on the ground that compensation with respect to the land was not tendered – Sustainability of – Held: Not sustainable – Possession of the land was taken over and handed over to the beneficiary department in the year 1981 – Applying the law laid by this Court in Indore Development Authority’s case, the twin conditions of not taking possession and not paying compensation has to be satisfied and if one of the conditions is not satisfied, there shall not be any lapse u/s. 24(2) – Furthermore, the grievance with respect to not tendering the full compensation was made after a period of 24 years from the date of passing of the award and on the Act of 2013 coming into force, and it was the specific case on behalf of the department that payment of compensation with respect to the lands could not be ascertained due to torn condition of Naksha Muntzamin – Applying the law laid down in the Indore Development Authority’s case, the order passed by the High Court is quashed and set aside – Land Acquisition Act, 1894. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 71 |
Petitioner | The Secretary, Land & Building Dept. Govt. Of Nct Of Delhi & Ors |
Respondent | Om Prakash (dead) Through Lrs. & Ors. |
SCR | [2023] 1 S.C.R. 777 |
Judgement Date | 2023-01-20 |
Case Number | 424 |
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