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Supreme Court of India 2023-02-17 allowed

Delhi Development Authority vs Jagan Singh & Ors

Bench: 3 — M.R. Shah, C.T. Ravikumar, Sanjay Karol

In Brief

Delhi Development Authority appealed against a High Court order that had declared land acquisition proceedings lapsed under Section 24(2) of the 2013 Act because compensation was not paid, despite possession being taken in 2007. The Supreme Court held that once physical possession of land is taken in acquisition proceedings, the acquisition cannot lapse merely due to non-payment of compensation. The Court clarified that Section 24(2)'s deemed lapse provision requires both possession to not be taken AND compensation to not be paid for five years. Since possession was taken, the acquisition could not lapse. The Court overruled its earlier decision in Pune Municipal Corporation v. Harakchand Misirimal Solanki and allowed the appeal, setting aside the High Court's judgment.

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Land Acquisition Compensation Statutory Interpretation Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

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