VidhiSangh

Supreme Court of India · 22/08/2022

UNION OF INDIA & ANR. versus SUBHASH CHANDER SEHGAL & ORS.

[2022] 7 S.C.R. 151 · 2022 INSC 849

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Summary

The Delhi High Court, relying on Pune Municipal Corporation and Sree Balaji Nagar, declared that a 1980s acquisition had lapsed under Section 24(2) of the 2013 Act and directed compensation under that Act. Possession had been taken in 1987 and the land had long been used as a municipal park. Applying the Constitution Bench decision in Indore Development Authority v. Manoharlal, which overruled those decisions, the Court held there is no lapse once possession has been taken. The land remains vested and no compensation is payable under the 2013 Act. The landowners remain entitled to compensation under the 1894 Act award, or any enhancement sought in accordance with law. The appeal was allowed and the writ petition dismissed.

Issues

  1. Whether acquisition proceedings lapsed under Section 24(2) of the 2013 Act where possession had been taken in 1987 and the land was in use as a park.

Provisions considered

Held

Result

Appeal allowed. The High Court's judgment is set aside and the writ petition dismissed; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 151.