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Supreme Court of India 2022-12-15 allowed

Govt. of NCT of Delhi & Anr vs Chandermal & Ors

Bench: 2 — M.R. Shah, S. Ravindra Bhat

In Brief

The Delhi Development Authority appealed a High Court judgment that declared a land acquisition lapsed because compensation was not tendered to landowners, despite possession having been taken. The Supreme Court held that once possession is taken under the Land Acquisition Act and an award is passed, the acquisition does not lapse merely because compensation remains untended. Relying on the Indore Development Authority Constitution Bench decision, the Court clarified that Section 24(2) of the 2013 Act requires both possession to be untaken AND compensation unpaid for deemed lapse. The Court also rejected the landowners' belated challenge to the legality of possession, noting they had made no grievance when possession was originally taken. The appeal was allowed and the High Court's judgment quashed.

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Land Acquisition Compensation Possession Administrative Law

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