VidhiSangh

Supreme Court of India · 20/01/2023

DELHI DEVELOPMENT AUTHORITY versus RAMBIR AND ORS

[2023] 1 S.C.R. 901 · 2023 INSC 67

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Summary

The Delhi High Court relied on Pune Municipal Corporation to declare that an acquisition had lapsed under Section 24(2) of the 2013 Act, because compensation had not been tendered under Section 31 of the 1894 Act. The Land Acquisition Collector and the DDA had pleaded that possession was taken in 2007 by panchnama and possession report and handed to the beneficiary department. The Supreme Court quashed the declaration. Pune Municipal Corporation was overruled in Indore Development Authority, under which an acquisition does not lapse once possession has been taken, whatever the position on compensation.

Issues

  1. Whether an acquisition lapses under Section 24(2) of the 2013 Act for non-tender of compensation under Section 31 of the 1894 Act where possession had been taken by panchnama in 2007.

Provisions considered

Held

Result

Civil Appeal No. 362 of 2023 allowed; the Delhi High Court judgment dated 20.12.2017 in W.P. (C) No. 5441 of 2017 quashed and set aside; no costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 901.