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Supreme Court of India 2022-05-20 allowed

Agra Development Authority, Agra vs Anek Singh and others

Bench: 2 — M. R. Shah, B.V. Nagarathna

In Brief

The Agra Development Authority acquired land but the landowners later occupied it illegally. When they challenged the acquisition arguing proceedings had lapsed because compensation was not paid, the High Court agreed. The Supreme Court reversed this, holding that acquisition proceedings do not lapse when possession has been taken, even if compensation remains unpaid. The Court clarified that the five-year lapse rule applies only when both possession and compensation have been neglected. Since the Authority had already taken possession through proper procedure, the acquisition stood valid.

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Land Acquisition Administrative Law Property Rights Compensation Fair Compensation and Transparency Act 2013

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