VidhiSangh

Supreme Court of India · 15/12/2022

GOVT. OF NCT OF DELHI versus MOHD. MAQBOOL & ORS

[2022] 17 S.C.R. 802 · 2022 INSC 1289

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Summary

Land in Delhi was notified in 1960, declared in 1969 and awarded on 31 January 1983. According to the Land Acquisition Collector, possession was handed over to the DDA on 4 March 1983. About 55 years after the notification, a landowner challenged the acquisition. The Delhi High Court did not examine possession and declared a lapse under Section 24(2) of the 2013 Act for non-tender of compensation, relying on Pune Municipal Corporation. The Supreme Court reversed this. Indore Development Authority v. Manoharlal overruled Pune Municipal Corporation and requires both non-possession and non-payment for a lapse. The possession certificate showed possession had been taken in 1983, so there was no lapse.

Issues

  1. Whether an acquisition lapses under Section 24(2) of the 2013 Act where possession was taken in 1983 but compensation was not tendered.

Provisions considered

Held

Result

Civil Appeal No. 9229 of 2022 allowed without costs; the Delhi High Court judgment dated 01.12.2015 in Writ Petition (C) No. 27 of 2015, declaring the acquisition lapsed under Section 24(2) of the 2013 Act, quashed and set aside.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 802.