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Supreme Court of India 2023-01-20 allowed

Government of NCT of Delhi and Anr vs Khajan Singh and Anr

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Government of Delhi appealed against a High Court decision that declared land acquisition proceedings lapsed because compensation was not paid, despite possession being taken. The Supreme Court held that under Section 24(2) of the 2013 Act, acquisition proceedings lapse only when BOTH possession is not taken AND compensation is not paid. Since possession had been taken in this case, the proceedings could not lapse. The Court overruled the earlier Pune Municipal Corporation precedent and applied the law established in the Constitution Bench decision of Indore Development Authority v. Manoharlal, allowing the Government's appeal and quashing the High Court judgment.

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Land Acquisition Constitutional Law Statutory Interpretation Section 24(2) of RFCTLARR Act 2013 Land Acquisition Act 1894

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