VidhiSangh

Supreme Court of India · 09/02/2023

GOVERNMENT OF NCT OF DELHI versus SUBHASH GUPTA & ORS.

[2023] 1 S.C.R. 407 · 2023 INSC 108

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

Summary

The Delhi High Court declared an acquisition lapsed under Section 24(2) of the 2013 Act because physical possession had not been taken and compensation had not been paid, relying on its own decision in Jagjit Singh and on Pune Municipal Corporation, although the Government's counter affidavit showed that possession could not be taken because of a stay granted in a 2005 writ petition and continued by the Supreme Court until 11 February 2015, so that the stay was operating when the 2013 Act came into force. The Supreme Court allowed the Government of NCT of Delhi's appeal: under Indore Development Authority v. Manoharlal the period of a stay on taking possession is excluded in computing the five years, and a landowner who obtained such a stay cannot thereafter contend that the acquisition lapsed because possession was not taken.

Issues

  1. Whether an acquisition can be declared lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 where possession could not be taken because of a stay obtained by the landowner which was in force when the Act commenced.

Provisions considered

Held

Result

Appeal allowed without costs; Delhi High Court judgment dated 13.10.2015 in WP (C) No. 2458 of 2015 quashed and set aside; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 407.