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 Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — s. 24(2) - Land acquisition proceedings shall be deemed to have lapsed — Construction of — Held: State has no business to expropriate from a citizen his property if an award has been made and the necessary steps of taking physical possession af land and payment of compensation have not been taken for a period of five years or more ~ Section gets attracted if the acquisition proceeding is not completed within five years after pronouncement of the award, either because physical possession of the land has not been taken or because compensation has not been paid. within the said period of five years — Object of the Act, and s. 24 in particular, is that in case an award has been mude for five years or more, possession ought to have been taken within this period, or else it is statutorily presumed that the balance between the citizen’s right to retain his own property and the right of the State to expropriate it for a public purpose gets so disturbed as to make the acquisition proceedings lapse — Section 24(2) uses the expression “deemed to have lapsed” because the Legislature was cognizant of the fact that, in cases where compensation has not been paid, and physical possession handed over to the State, vesting has taken place, after which land acquisition proceedings could be said to have ended — On facts, DDA was not ready with compensation payable on the day the award was pronounced, but only handed over such compensation to the Land Acquisition Collector five years after the award was pronounced — Land Acquisition Collector, in its turn, did nothing whatsoever to offer the said sum or pay it to the original owners — On the contrary, the authorities moved an application on the eve of the coming into force of 2013 Act, and by depositing the said amount of compensation paid to it in the year 2002, only in 2013 — Original |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2016 INSC 864 |
Petitioner | Delhi Development Authority |
Respondent | Sukhbir Singh & Others |
SCR | [2016] 5 S.C.R. 227 |
Judgement Date | 2016-09-09 |
Case Number | 5811 |
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