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Supreme Court of India 2023-02-24 allowed

Delhi Development Authority vs Amit Jain & Ors

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Delhi Development Authority challenged a High Court decision that had declared land acquisition proceedings lapsed under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 (Section 24(2)) on the ground that compensation had not been paid. The Supreme Court held that Section 24(2) requires two conditions to be met for deemed lapse: (1) possession must not have been taken, and (2) compensation must not have been paid or tendered. Where possession has been taken via formal proceedings, there is no deemed lapse even if compensation remains unpaid. The Court quashed the High Court's judgment, holding that the twin conditions must both be unsatisfied for deemed lapse to occur.

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Land Acquisition Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Administrative Law Deemed Lapse

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