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Supreme Court of India 2016-09-09 dismissed

Delhi Development Authority vs Sukhbir Singh & Others

Bench: 2 — R.F. Nariman

In Brief

Delhi Development Authority (DDA) challenged a High Court judgment declaring that land acquisition proceedings initiated in 1961 had lapsed under the 2013 Right to Fair Compensation Act. The Supreme Court upheld the High Court. It held that Section 24(2) of the 2013 Act operates where an award was made five+ years before the Act's commencement and compensation was neither paid nor possession taken. The Court rejected the argument that deposit in the government treasury satisfied payment requirements, holding that compensation must be deposited in court per the 1894 Act. It also held that the deeming fiction 'deemed to have lapsed' applies even after vesting occurred. Physical possession was proven by Panchnama dated 2000. The appeals were dismissed.

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Land Acquisition Compensation Land Vesting Constitutional Law Civil Procedure Statutory Interpretation

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