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Supreme Court of India 2022-12-02 allowed

Government of NCT of Delhi vs Subhash Jain and Ors

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Delhi government appealed against a High Court order that declared land acquisition proceedings had lapsed. The landowners had challenged the acquisition in court and possession was not taken until litigation ended. The Supreme Court held that acquisition proceedings do not lapse under the 2013 Act merely because compensation was not paid when the delay in taking possession was caused by the landowners' own legal challenges. The Court clarified that lapse occurs only when neither possession nor compensation occurs due to state inaction; once possession is taken, no lapse occurs even if compensation is pending.

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Land Acquisition Law Constitutional Law Property Rights Statutory Interpretation Administrative Law

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