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Supreme Court of India 2023-02-09 allowed

Government of NCT of Delhi & Anr vs Shakeel Ahmed & Ors

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Government of Delhi challenged High Court orders declaring land acquisition proceedings lapsed under Section 24(2) of the 2013 Act despite possession being taken years earlier. The Supreme Court held that proceedings only lapse when both possession and compensation have been lacking for five years pre-2013. Reading 'or' as 'nor', taking possession prevents lapse regardless of unpaid compensation. Court-ordered stay periods are excluded from the five-year computation. The decisions overruled prior precedent (Pune Municipal Corporation) with Constitution Bench authority, clarifying that once possession vests land in the State, no divesting occurs under Section 24(2).

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Land Acquisition Statutory Interpretation Property Rights Administrative Law

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