Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Rehabilitation and Resettlement Act Right to Fair Compensation and Transparency in Land Acquisition 2013: s.24(2) – Land Acquisition Act |
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 Act, 1894 – Notification under s. 4 of LA Act was issued on 23.01.1965 and award was declared – Possession of the land was taken and handed over to the DDA on 22.09.1986 – After a period of 29 years of passing of the award and taking over of possession, Respondent 1 and 2 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 – High Court relied on Pune Municipal Corporation and Anr. and declared that the acquisition with respect to the land in question is deemed to have lapsed under s. 24(2) solely on the ground that the compensation was not paid to the recorded owners – On appeal, held: The view taken by the High Court relying upon the decision in the case of Pune Municipal Corporation and Anr. is unsustainable – The decision in the case of Pune Municipal Corporation and Anr. which has been relied upon by the High Court while passing the impugned judgment and order has been specifically overruled by the Constitution Bench of this Court in the case of Indore Development Authority v. Manoharlal and Ors. – Impugned judgment declaring that the acquisition with respect to the land in question is deemed to have lapsed under s. 24(2) of the Act, 2013 is set aside. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1291 |
Petitioner | Govt Of Nct Of Delhi Through Secretary, Land And Building Department And Anr |
Respondent | Ram Prakash Sehrawat And Ors. |
SCR | [2022] 17 S.C.R. 759 |
Judgement Date | 2022-12-15 |
Case Number | 9201 |
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