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Supreme Court of India 2023-01-20 allowed

Govt. of NCT of Delhi and Anr vs Rati Ram and Anr

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Government of NCT Delhi acquired land in village Garhi Mendu under the Land Acquisition Act, 1894, taking possession in 2000 but never paying compensation. The respondent, claiming to be a successor of a bhoomidari (land rights) holder, challenged the acquisition before the High Court, which declared it lapsed under Section 24(2) of the 2013 Act (which provides for deemed lapse if neither possession nor compensation occurs within five years). The Supreme Court held that once possession is actually taken, the acquisition cannot lapse merely due to non-payment of compensation. The Court also noted the respondent lacked locus standi since the recorded owner was Gaon Sabha, not the respondent. The appeal was allowed and the writ petition dismissed.

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

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