Govt of NCT of Delhi Through Secretary, Land and Building Department and Anr vs Ram Prakash Sehrawat and Ors

Bench: 2 — M.R. Shah, S. Ravindra Bhat

In Brief

The Government of Delhi appealed a Delhi High Court judgment that declared land acquisition proceedings had lapsed under Section 24(2) of the 2013 RFCTLARR Act solely because compensation was not paid, despite the Government asserting it had taken possession in 1986. The Supreme Court held that acquisition proceedings lapse only when authorities have failed to take both possession and pay compensation for five years or more before 2014. Once possession is taken, the land vests in the State and cannot be divested merely by non-payment of compensation. The Court overruled Pune Municipal Corporation v. Solanki and allowed the appeal, setting aside the High Court's judgment.

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Land Acquisition Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Possession of Land Lapse of Land Acquisition Proceedings

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