VidhiSangh

Supreme Court of India · 02/12/2022

GOVERNMENT OF NCT OF DELHI versus SUBHASH JAIN AND ORS.

[2022] 16 S.C.R. 630 · 2022 INSC 1250

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Summary

In a writ petition filed in 2015, the Delhi High Court held that acquisition proceedings under the 1894 Act had lapsed under Section 24(2) of the 2013 Act, relying heavily on Pune Municipal Corporation. It overlooked the Government of NCT of Delhi's case that possession could not be taken while the landowners' challenge to the acquisition was pending, a challenge they lost in the Supreme Court. Applying Indore Development Authority, the Supreme Court set the declaration aside. Since the landowners' own pending challenge prevented possession, they could not afterwards treat the absence of possession as a ground for deemed lapse.

Issues

  1. Whether failure to take possession while the landowners' own challenge to the acquisition was pending can found a claim of deemed lapse under Section 24(2) of the 2013 Act.

Provisions considered

Held

Result

Civil Appeal No. 8937 of 2022 allowed; the Delhi High Court judgment dated 20.07.2015 in Writ Petition (C) No. 2709 of 2015 declaring the acquisition lapsed set aside; no costs.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 630.