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Supreme Court of India 2022-12-09 allowed

Delhi Development Authority vs Raj Singh & Anr

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 because compensation had not been paid to the landowners. The Supreme Court held that merely failing to pay compensation does not cause proceedings to lapse if possession has already been taken. Under Section 24(2) of the 2013 Act, lapse occurs only when both possession is not taken AND compensation is not paid. Since possession was taken in 2006, the proceedings could not lapse simply because compensation payment to the owners was delayed. The Court followed the Constitution Bench decision in Indore Development Authority v. Manoharlal and allowed the appeal.

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Land Acquisition Compensation Property Law Constitutional Law

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