VidhiSangh

Supreme Court of India · 20/01/2023

GOVT. OF NCT OF DELHI & ANR. versus KHAJAN SINGH & ANR.

[2023] 1 S.C.R. 913 · 2023 INSC 65

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Summary

The Delhi High Court accepted that the landowners had been dispossessed on the dates given in the counter affidavit, and the landowners admitted dispossession in their writ petition. Relying on Pune Municipal Corporation, the High Court still declared that the acquisition had lapsed under Section 24(2) of the 2013 Act because compensation had not been tendered. The Supreme Court set the declaration aside. Pune Municipal Corporation had been overruled in Indore Development Authority. Lapse requires two conditions together: possession not taken and compensation not tendered. Here possession had admittedly been taken, so there was no lapse.

Issues

  1. Whether an acquisition lapses under Section 24(2) of the 2013 Act solely for non-tender of compensation where the landowners admittedly had been dispossessed.

Provisions considered

Held

Result

Civil Appeal No. 361 of 2023 allowed; the Delhi High Court judgment dated 17.04.2017 in W.P. (C) No. 6719 of 2015 quashed and set aside; no costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 913.