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Supreme Court of India 2022-11-02 allowed

Delhi Development Authority vs Krishan Lal Arora & Ors

Bench: 2 — M.R. Shah, M.M. Sundresh

In Brief

Delhi Development Authority challenged a High Court order that declared the land acquisition null and void solely because compensation had not been paid to the landowner, despite possession being taken in 2006. The Supreme Court held that Section 24(2) of the 2013 Act provides for lapse only when authorities failed to take both possession AND compensation for five years or more before 2014. Since possession was already taken, the absence of compensation payment alone does not void the acquisition. The judgment relies on the Constitution Bench decision in Indore Development Authority v. Manoharlal, interpreting the statutory requirements for deemed lapse strictly. The appeal was allowed and the High Court's order was set aside.

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Land Acquisition Compensation Lapse of Proceedings Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013

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