VidhiSangh

Supreme Court of India · 28/04/2023

GOVT. OF NCT DELHI & ANR versus DINESH KUMAR & ANR

[2023] 4 S.C.R. 848 · 2023 INSC 467

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court reversed a deemed-lapse declaration where acquisition possession had been taken by panchnama on 31 December 2013, before the 2013 Act commenced. Applying Indore Development Authority, non-payment of compensation alone did not cause lapse because both statutory failures had to coexist. The assertion that this was merely paper possession was rejected.

Issues

  1. Whether possession recorded by panchnama before commencement prevented deemed lapse despite non-payment of compensation.

Provisions considered

Held

Result

Appeal allowed without costs; the High Court judgment declaring deemed lapse was set aside.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 848.