VidhiSangh

Supreme Court of India · 10/02/2023

GOVT. OF NCT OF DELHI versus SUSHIL KUMAR GUPTA & ORS.

[2023] 1 S.C.R. 427 · 2023 INSC 121

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Summary

The Delhi High Court, while itself noting that possession of the land had been taken on 12 March 1981, declared the acquisition lapsed under Section 24(2) of the 2013 Act because compensation was not paid, relying on Pune Municipal Corporation. The Supreme Court condoned the Government of NCT of Delhi's long delay in appealing, consistently with similar orders and because the decision relied on had been overruled, and allowed the appeal: under the Constitution Bench ruling in Indore Development Authority v. Manoharlal the twin conditions of possession not taken and compensation not paid must both be satisfied, so once possession was taken in 1981 there was no lapse; the writ petition was dismissed.

Issues

  1. Whether an acquisition lapses under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for non-payment of compensation where possession was taken in 1981, and whether the State's delayed appeal should be entertained.

Provisions considered

Held

Result

Delay condoned; appeal allowed without costs; Delhi High Court judgment dated 30.05.2016 in WP (C) No. 1399 of 2014 quashed and set aside and the writ petition dismissed; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 427.