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Supreme Court of India 2023-01-20 allowed

Government of NCT of Delhi vs Ratiram & Ors

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Government of Delhi challenged a High Court order declaring that land acquisition proceedings had lapsed solely because compensation was unpaid. The Supreme Court held that under the 2013 Land Acquisition Act, Section 24(2), acquisition proceedings lapse only when both possession is not taken AND compensation is not paid—not when either condition is absent. Since possession was taken and transferred to the beneficiary on 21 March 2007, despite non-payment of compensation, the acquisition did not lapse. The Court overruled its earlier decision in Pune Municipal Corporation v. Harakchand Misirimal Solanki and quashed the High Court's order, allowing the appeal.

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Land Acquisition Law Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Constitutional Law Administrative Law

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