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 |
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) – High Court declared that the acquisition of lands in question deemed to have lapsed under s. 24(2) of the Act, 2013 – Held: High Court failed to notice and consider the specific case on behalf of the State that at the relevant time, the possession could not be taken over due to the pending proceedings at the instance of the landowners challenging the acquisition proceedings, which ended upto this Court – Original landowners failed in challenge to the acquisition proceedings upto this Court – Under the circumstances, when due to pendency of the land acquisition proceedings, the possession could not be taken over, thereafter, it will not be open for the landowners to contend that as the possession was not taken over, the land acquisition proceedings be deemed to have lapsed under s. 24(2) of the Act, 2013 – In view of Indore Development Authority v. Manoharlal and Ors., the impugned judgment passed by the High Court declaring that the land acquisition proceedings with respect to the land in question has lapsed under s. 24(2) of the Act, 2013 is unsustainable – Land Acquisition Act, 1894. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1250 |
Petitioner | Government Of Nct Of Delhi |
Respondent | Subhash Jain And Ors. |
SCR | [2022] 16 S.C.R. 630 |
Judgement Date | 2022-12-02 |
Case Number | 8937 |
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