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Supreme Court of India 2023-02-17 allowed

Government of NCT of Delhi and Ors vs Krishan Kumar & Ors

Bench: 3 — M.R. Shah, C.T. Ravikumar, Sanjay Karol

In Brief

The Delhi government acquired land in Village Molarband in 1964, took possession in 1997, and deposited compensation in the revenue department in 1982. The landowners filed a petition claiming the acquisition lapsed because compensation was never paid. The High Court agreed. The Supreme Court reversed this, holding that Section 24(2) of the 2013 Land Acquisition Act requires both possession and compensation to be lacking for five years before lapsing. Since the government took possession, the mere fact of non-payment does not cause the acquisition to lapse. The Court overruled its prior decision in Pune Municipal Corporation, following the Constitution Bench ruling in Indore Development Authority.

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Land Acquisition Compensation Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 Constitutional Law Property Rights

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