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: s.24(2) |
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 proceedings under Land Acquisition Act, 1894 – Respondent no.1 filed a writ petition before the High Court challenging the acquisition proceedings and also for a declaration that the acquisition with respect to the land is deemed to have been lapsed by virtue of s. 24(2) of the Act, 2013 – According to the Land Acquisition Collector and so stated in the counter affidavit before the High Court, the possession of the disputed land in question along with the other lands were taken over and handed over to DDA on 04.03.1983 – High Court, on the ground, that the compensation was not tendered to the land owner, allowed writ petition and declared that the acquisition with respect to the land in question is deemed to have lapsed under s. 24(2) of the Act, 2013 – Hence instant appeal – Held: As per the recent decision of the Constitution Bench of this Court in the case of Indore Development Authority v. Manoharlal and others for the purpose of lapse under s. 24(2) of the Act, 2013, twin conditions of not taking over possession and not tendering/paying the compensation are required to be satisfied and that if one of the conditions is not satisfied, there shall not be lapse of the acquisition proceedings under s. 24(2) of the Act, 2013 – According to the possession certificate and the specific case on behalf of the appellant and the Land Acquisition Collector that the possession of the land in question was taken over on 04.03.1983 and handed over to DDA, the impugned judgment and order passed by the High Court is unsustainable and the same deserves to be quashed. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1289 |
Petitioner | Govt. Of Nct Of Delhi |
Respondent | Mohd. Maqbool & Ors |
SCR | [2022] 17 S.C.R. 802 |
Judgement Date | 2022-12-15 |
Case Number | 9229 |
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