VidhiSangh

Supreme Court of India · 20/01/2023

GOVERNMENT OF NCT OF DELHI versus RATIRAM & ORS.

[2023] 1 S.C.R. 791 · 2023 INSC 72

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Summary

Land in village Ghonda Gujran Khadar, Delhi, was notified in 1989, and the award was passed in 1992. Possession was taken and handed to the beneficiary department on 21.03.2007, but compensation was not paid to the recorded owner. The Delhi High Court, relying on Pune Municipal Corporation, declared that the acquisition had lapsed under Section 24(2) of the 2013 Act solely because compensation had not been tendered. The Supreme Court set the declaration aside and dismissed the writ petition. Pune Municipal Corporation had been overruled in Indore Development Authority, under which non-payment alone does not cause a lapse once possession has been taken.

Issues

  1. Whether acquisition proceedings lapse under Section 24(2) of the 2013 Act solely for non-payment of compensation where possession was taken and handed over to the beneficiary department.

Provisions considered

Held

Result

Civil Appeal No. 379 of 2023 allowed; the Delhi High Court judgment dated 13.02.2017 in W.P. (C) No. 8685 of 2015 quashed and set aside and the writ petition dismissed; no costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 791.