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Supreme Court of India 2023-02-17 allowed

Govt. of NCT of Delhi & Ors vs Dhannu & Anr

Bench: 3 — M.R. Shah, C.T. Ravikumar, Sanjay Karol

In Brief

The Government of Delhi appealed a High Court judgment that declared a land acquisition proceedings lapsed under Section 24(2) of the 2013 Land Acquisition Act. The High Court had entertained a writ petition by someone who was not the recorded owner of the land, which belonged to the Gram Sabha. The Supreme Court held that only recorded owners have standing to challenge acquisition proceedings or claim compensation. The Court also clarified that the High Court had wrongly relied on an earlier decision that had been overruled by a Constitution Bench, which established that deemed lapse under Section 24(2) occurs only when neither possession was taken nor compensation paid for five years. The appeal was allowed and the High Court's judgment was quashed.

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Land Acquisition Rehabilitation and Resettlement Administrative Law Locus Standi Property Rights Gram Sabha

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