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Supreme Court of India 2017-11-15 allowed

Delhi Metro Rail Corporation Ltd vs Tarun Pal Singh and Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Delhi Metro Rail Corporation Limited sought compensation under the Land Acquisition Act, 1894 for land acquired for metro construction. The High Court directed payment under the more beneficial 2013 Act instead. The Supreme Court held that where an Award is made within five years prior to the 2013 Act's commencement, Section 24(1)(b) applies and proceedings continue under the 1894 Act. The proviso to Section 24(2) applies only when an Award is made five or more years before the 2013 Act's commencement. Since the Award here was made within five years, the proviso did not apply. The Court distinguished statutory provisos from main provisions, holding that provisos cannot be lifted from one section and read into another. The appeals were allowed, and compensation was determined under the 1894 Act.

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Land Acquisition Compensation Constitutional Law Statutory Interpretation Proviso Rehabilitation and Resettlement

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