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Supreme Court of India 2022-12-02 allowed

Government of NCT of Delhi vs Krishna Saini & Ors

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Supreme Court examined whether land acquisition proceedings lapse when possession of land has been taken but compensation has not been tendered. The High Court had declared the proceedings lapsed, relying on an earlier Supreme Court judgment. This Court held that the earlier judgment was overruled by the Indore Development Authority Constitution Bench decision. Under Section 24(2) of the 2013 Act, proceedings lapse only when neither possession was taken nor compensation was paid for five years before the Act commenced. Once possession is taken, there is no lapse, even if compensation is outstanding. The Court quashed the High Court's judgment and allowed the appeal.

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Land Acquisition Civil Procedure Statutory Interpretation

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