VidhiSangh

Supreme Court of India · 19/04/2023

DELHI DEVELOPMENT AUTHORITY versus SHIV RAJ & ORS.

[2023] 4 S.C.R. 41 · 2023 INSC 396

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Summary

The Delhi High Court, relying on Pune Municipal Corporation v. Harakchand Misirimal Solanki, declared that the acquisition of the respondents' land had lapsed under Section 24(2) of the 2013 Act because compensation had not been paid, although the Delhi Development Authority's case was that possession had been taken on 21.04.2006. The Supreme Court set the judgment aside, holding that Pune Municipal Corporation stands overruled by the Constitution Bench in Indore Development Authority v. Manoharlal, under which there is no deemed lapse where possession has been taken even if compensation has not been paid.

Issues

  1. Whether acquisition proceedings are deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 where possession of the land was taken but compensation was not paid.

Provisions considered

Held

Result

Appeal allowed; High Court judgment in W.P.(C) No. 8081 of 2015 quashed and set aside; it is held that there is no deemed lapse of acquisition in respect of the land in question. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 41.