VidhiSangh

Supreme Court of India · 20/01/2023

THE SECRETARY, LAND & BUILDING DEPT. GOVT. OF NCT OF DELHI & ORS versus OM PRAKASH (DEAD) THROUGH LRS. & ORS.

[2023] 1 S.C.R. 777 · 2023 INSC 71

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Summary

Land in Delhi was notified in 1965, and the award was made in 1981. Possession was handed to the beneficiary department on 23.09.1981. Payment of compensation could not be verified because the record (Naksha Muntazmin) was torn. In 2014 the landowners obtained a High Court declaration of lapse under Section 24(2) of the 2013 Act, to the extent of their share, on the footing that tender of compensation was unclear. The Supreme Court set it aside. Under Indore Development Authority, both possession and compensation must be lacking for a lapse, and possession had been taken. The complaint of short compensation had also been raised for the first time decades after the award.

Issues

  1. Whether an acquisition lapses under Section 24(2) of the 2013 Act where possession was taken in 1981 but payment of compensation could not be ascertained from the records.

Provisions considered

Held

Result

The Government of NCT of Delhi's appeal (Civil Appeal No. 424 of 2023) allowed and the Delhi High Court judgment dated 18.07.2017 in W.P. (C) No. 5664 of 2014 quashed; the DDA's connected appeal (Civil Appeal No. 423 of 2023) disposed of accordingly; no costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 777.