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Supreme Court of India 2023-01-20 allowed

Government of NCT of Delhi and Anr vs Manjeet Singh Anand and Anr

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Supreme Court quashed a High Court order that had declared a 1964 land acquisition proceedings lapsed. The land was acquired in Delhi, possession was taken in 1967 through proper legal process, and compensation was deposited in court the same year. The Court held that when possession has been taken, acquisition proceedings do not lapse under the RFCTLARR Act, 2013, even if compensation remains unpaid. It also ruled that the writ petitioner, who was not a recorded owner but held only a General Power of Attorney, lacked standing to challenge the acquisition. The Constitution Bench precedent in Indore Development Authority was applied to overturn the High Court's decision and allow the Government's appeal.

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Land Acquisition Constitutional Law Administrative Law Property Rights Statutory Interpretation Locus Standi Compensation

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