VidhiSangh

Supreme Court of India · 02/12/2022

GOVERNMENT OF NCT OF DELHI AND ANR. versus KARAMPAL AND ANR.

[2022] 15 S.C.R. 827 · 2022 INSC 1248

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Summary

A subsequent purchaser of acquired land in Delhi persuaded the Delhi High Court that the acquisition had lapsed under Section 24(2) of the 2013 Act, because compensation had not been paid or tendered. This was despite the State's case that possession had been taken on 17.09.2008 and the revenue records mutated. The Supreme Court set the judgment aside. Following DDA v. Godfrey Phillips, a subsequent purchaser cannot claim lapse under the 2013 Act. The High Court had also relied solely on Pune Municipal Corporation, which the Constitution Bench overruled in Indore Development Authority. Under that ruling, lapse requires that neither possession was taken nor compensation paid, so taking possession alone defeats lapse.

Issues

  1. Whether a subsequent purchaser can seek a declaration of lapse under Section 24(2) of the 2013 Act, and whether lapse follows from non-payment of compensation where possession was taken.

Provisions considered

Held

Result

Civil Appeal No. 8931 of 2022 allowed; the Delhi High Court judgment dated 01.08.2017 in Writ Petition (C) No. 1202 of 2017 declaring the acquisition lapsed set aside; no costs.

Judgment PDF: Supreme Court of India, [2022] 15 S.C.R. 827.