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Supreme Court of India 2023-01-20 allowed

Delhi Development Authority vs Rambir and Ors

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Delhi Development Authority challenged a High Court order that set aside land acquisition proceedings for alleged lapse under Section 24(2) of the 2013 Rehabilitation and Resettlement Act. The Supreme Court held that acquisition proceedings do not lapse merely because compensation was not tendered if possession was already taken. The Court interpreted Section 24(2) to mean that lapse occurs only when neither possession nor compensation has been provided for five years before 2013. Since DDA had taken possession in 2007 through a formal possession report, no lapse occurred. The Court overruled Pune Municipal Corporation and allowed the appeal, quashing the High Court's judgment.

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Land Acquisition Compensation Section 24(2) of the 2013 Act Lapse of Acquisition Proceedings Possession Constitutional Law

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