VidhiSangh

Supreme Court of India · 13/01/2023

GOVT. OF NCT OF DELHI & ANR. versus BHAGRATI & ANR

[2023] 1 S.C.R. 677 · 2023 INSC 38

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Summary

Following Pune Municipal Corporation, the Delhi High Court declared that an acquisition lapsed under Section 24(2) of the 2013 Act because compensation was unpaid, while leaving the writ petitioner's title open. The award had been declared in 1992, and actual possession was taken on 21.03.2007 and handed to the DDA. The writ petitioner, who claimed a 1/12th share, was not the recorded owner, and the recorded owner had never come forward for the compensation. The Supreme Court set the declaration aside. The High Court should not have entertained the petition before the petitioner's right and title were established. On the merits, Pune Municipal Corporation had been overruled in Indore Development Authority, and possession had been taken.

Issues

  1. Whether a writ petitioner whose title was unestablished could obtain a declaration of lapse under Section 24(2) of the 2013 Act for non-payment of compensation where possession had been taken in 2007.

Provisions considered

Held

Result

Civil Appeal No. 279 of 2023 allowed; the Delhi High Court judgment dated 29.11.2017 in W.P. (C) No. 12139 of 2015 declaring lapse quashed and set aside; no costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 677.