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Supreme Court of India 2023-02-09 allowed

Delhi Development Authority vs Narvada Devi and Ors

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Delhi Development Authority challenged a High Court order declaring that land acquisition proceedings had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The High Court had held that since neither full physical possession nor compensation was delivered to the landowner, the acquisition lapsed. The Supreme Court allowed the appeal, holding that under Section 24(2), deemed lapse occurs only where neither possession nor compensation has been provided. Here, DDA had taken possession through formal proceedings and released compensation to the appropriate department. The Court relied on the Indore Development Authority Constitution Bench decision to hold that once possession is taken, there is no lapse even if compensation was not physically paid.

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Land Acquisition Compensation Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Section 24 Constitutional Law Administrative Law

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