Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rehabilitation and Resettlement Act Right to Fair Compensation and Transparency in Land Acquisition 2013: s.24(2) – Land Acquisition Act 1894 – Respondent no.1 filed the writ petition before the High Court for declaring that the acquisition of lands in question deemed to be lapsed under s.24(2) of the Act 2013 on the ground that neither possession of the land taken over nor the compensation has been paid – High Court noted that compensation has been deposited with the court but the possession |
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 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 – Respondent no.1 filed the writ petition before the High Court for declaring that the acquisition of lands in question deemed to be lapsed under s. 24(2) of the Act, 2013 on the ground that neither possession of the land taken over nor the compensation has been paid – High Court noted that compensation has been deposited with the court but the possession of the land in question is not taken over – High Court allowed the petition and declared the acquisition proceedings to be lapsed – On appeal, held: The issue was settled by the Constitutional Bench of Supreme Court in Indore Development Authority Vs. Manoharlal and Ors. which was not considered by High Court – The acquisition proceedings were under the subject matter of litigation due to which authorities were unable to take the possession of the lands – Such non taking of possession cannot be in favour of the landowners – Acquisition proceedings should not deemed to be lapsed – Judgment passed by High Court set aside. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1245 |
Petitioner | Land Acquisition Collector (south), New Delhi And Anr. |
Respondent | Suresh B. Kapur & Ors. |
SCR | [2022] 15 S.C.R. 832 |
Judgement Date | 2022-12-02 |
Case Number | 8197 |
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