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Supreme Court of India 2022-03-29 allowed

Delhi Development Authority vs Rajan Sood & Ors

Bench: 2 — M.R. Shah

In Brief

The Delhi Development Authority sought to challenge a High Court judgment that declared land acquisition proceedings lapsed under Section 24(2) of the 2013 Land Acquisition Act. The Supreme Court held that the High Court's reliance on an earlier precedent was misplaced, as that precedent had been overruled by the Constitution Bench in Indore Development Authority v. Manoharlal. The Court ruled that once an acquiring authority takes possession (even by drawing punchnama) and tenders compensation, proceedings do not lapse merely because the landowner refuses to accept the tender. The Court also held that interim stay orders must be excluded when computing the five-year period for deemed lapse. Accordingly, the appeals were allowed and the High Court's judgment was set aside.

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

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