VidhiSangh

Supreme Court of India · 17/02/2023

GOVERNMENT OF NCT DELHI & ORS. versus KRISHAN KUMAR & ORS.

[2023] 2 S.C.R. 416 · 2023 INSC 140

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Summary

Land in village Molarband notified in 1964 was awarded in 1981, and the Land Acquisition Collector's affidavit stated that possession was taken on 10 April 1997 by possession proceedings and handed to the Delhi Development Authority, with compensation lying in the revenue deposit; the writ petitioners themselves sought return of possession. The Delhi High Court nevertheless declared the acquisition lapsed under Section 24(2) of the 2013 Act for non-payment of compensation, relying on Pune Municipal Corporation. The Supreme Court allowed the appeal: the prayer for return of possession admitted that the petitioners were out of possession, possession proceedings are sufficient compliance under Indore Development Authority, and Pune Municipal Corporation stands overruled.

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 was taken by drawing possession proceedings and the petitioners themselves prayed for return of possession.

Provisions considered

Held

Result

Appeal allowed without costs; Delhi High Court judgment dated 14.03.2016 in WP (C) No. 1178 of 2015 quashed and set aside; no deemed lapse of the acquisition; pending application disposed of.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 416.