VidhiSangh

Supreme Court of India · 20/01/2023

GOVERNMENT OF NCT OF DELHI & ANR versus MANJEET SINGH ANAND & ANR.

[2023] 1 S.C.R. 771 · 2023 INSC 64

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Summary

Land in Delhi was notified for acquisition in 1964, and the award was made in 1967. Possession was taken by panchnama in June 1967, and compensation was deposited with the Reference Court that November. After the 2013 Act came into force, a person relying on a general power of attorney and receipts obtained a High Court declaration of lapse under Section 24(2). The decision followed an earlier ruling that rested on Pune Municipal Corporation. The Supreme Court set it aside on two grounds. Pune Municipal Corporation had been overruled in Indore Development Authority, and possession taken by panchnama is lawful possession that rules out lapse. Further, a subsequent purchaser who is not the recorded owner has no locus to seek a declaration of lapse.

Issues

  1. Whether an acquisition of 1964, in which possession was taken by panchnama in 1967 and compensation deposited, could be declared lapsed under Section 24(2) of the 2013 Act at the instance of a person claiming through a general power of attorney who was not the recorded owner.

Provisions considered

Held

Result

Civil Appeal No. 360 of 2023 allowed; the Delhi High Court judgment dated 02.05.2017 in W.P. (C) No. 7004 of 2015 declaring the acquisition to have lapsed quashed and set aside; no costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 771.