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Supreme Court of India 2022-11-24 allowed

Delhi Development Authority vs Shiv Dutt Sharma and Anr

Bench: 2 — M.R. Shah, M.M. Sundresh

In Brief

The Delhi Development Authority appealed against a High Court judgment that declared land acquisition proceedings lapsed under Section 24(2) of the 2013 Land Acquisition Act because compensation was not paid to the original owner, despite possession being taken. The Supreme Court held that Section 24(2) requires both possession AND compensation to be absent for five years before the 2013 Act to trigger a lapse. The existence of illegal encroachers does not negate that possession was taken. Following the Constitution Bench decision in Indore Development Authority v. Manoharlal, the Court quashed and set aside the High Court's judgment and allowed the appeal, holding that the acquisition proceedings did not lapse.

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Land Acquisition Constitutional Law Statutory Interpretation Public Law Real Property

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