VidhiSangh

Supreme Court of India · 02/12/2022

LAND AND BUILDING DEPARTMENT THROUGH SECRETARY, GOVERNMENT OF NCT OF DELHI & ANR. versus MAHIPAL SINGH & ORS

[2022] 16 S.C.R. 609 · 2022 INSC 1251

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Summary

The Delhi High Court declared an acquisition lapsed under Section 24(2) of the 2013 Act solely because compensation had not been tendered before the Act came into force, relying on Pune Municipal Corporation. The Land Acquisition Collector had stated that possession was taken on 03.12.2012 by on-the-spot proceedings and immediately handed to the DDA. Compensation was later sent to the Reference Court because of an apportionment dispute. The Supreme Court set the judgment aside. Pune Municipal Corporation was overruled by the Constitution Bench in Indore Development Authority, under which there is no lapse once possession has been taken, even if compensation is unpaid.

Issues

  1. Whether acquisition lapses under Section 24(2) of the 2013 Act for non-tender of compensation where possession was taken in 2012 and handed to the beneficiary.

Provisions considered

Held

Result

Civil Appeal No. 8932 of 2022 allowed; the Delhi High Court judgment dated 31.01.2018 in Writ Petition (C) No. 11238 of 2015 declaring the acquisition lapsed set aside; no costs.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 609.