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) – Land Acquisition |
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) – Land Acquisition – Specific case of Land acquisition Collector (LAC) before High Court that possession of land in question was taken over by the LAC and was handed over to DDA – High Court also believed the taking over of the possession by the LAC, but thereafter on the ground that the compensation was not tendered to the original writ petitioners, High Court declared that the acquisition is deemed to have lapsed under s. 24(2) of the Act, 2013 – Appeal by LAC – Held: Before the High Court, a counter affidavit was filed by LAC as well as DDA in which it was specifically mentioned that the land in question was handed over to DDA on 26.05.1998 and therefore, the acquisition is complete and the lands vest in the Government and free from any encumbrances – Nothing is on record that at any point of time, the original writ petitioners made any grievance that the possession taken over on 26.05.1998 was not lawful – Even High Court in impugned judgment believed the stand taken by the LAC that the possession of the subject land was taken over – Under the circumstances, it is not permissible on the part of the original writ petitioners to now contend that the possession taken over on 26.05.1998 was not lawful – The view taken by the High Court that the acquisition is deemed to have lapsed under s. 24(2) of the Act, 2013 on the ground that though the possession of the subject lands was taken over but the compensation in respect of the subject lands was not tendered is contrary to the Constitution Bench decision of this Court in the case of Indore Development Authority v. Manoharlal and Ors. – Order of High Court is set aside. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1290 |
Petitioner | Delhi Development Authority |
Respondent | Chandermal & Ors. |
SCR | [2022] 17 S.C.R. 752 |
Judgement Date | 2022-12-15 |
Case Number | 9115 |
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