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Supreme Court of India 2023-01-20 allowed

Govt. of NCT of Delhi & Ors vs Om Prakash (Dead) Through LRs. AND ORS

Bench: 2 — M.R. Shah, Hima Kohli

In Brief

The Government of Delhi appealed a High Court judgment that declared land acquisition proceedings lapsed under the 2013 Act. The Delhi Development Authority had issued a Section 4 notification in 1965, declared an Award in 1981, and taken possession on 23 September 1981. Compensation records were damaged. In 2014, landowners claimed acquisition lapsed because compensation details were unclear. The Supreme Court held that Section 24(2) lapse requires both conditions—no possession AND no compensation—to be present. Since possession was taken, there was no lapse regardless of compensation uncertainties. The 2013 Act does not reopen settled acquisitions. Appeal allowed; High Court's order quashed.

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

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