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Supreme Court of India 2017-05-04 dismissed

Govt. of NCT of Delhi vs Manav Dharam Trust and Another

Bench: 2 — Kurian

In Brief

The Supreme Court held that subsequent purchasers, assignees, and power of attorney holders of land acquired under the Land Acquisition Act, 1894 have locus standi to file a petition seeking a declaration that acquisition proceedings have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Court distinguished prior rulings restricting subsequent purchasers' right to challenge acquisition validity, noting that declaring lapse is fundamentally different. Under the 2013 Act's expanded definition, such purchasers qualify as 'persons interested' and 'affected families.' The Court rejected the argument that transfers violated state restrictions, as those restrictions were void only while acquisition impediments existed. Once proceedings lapse, rights accrue to purchasers.

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Land Acquisition Law Administrative Law Locus Standi Subsequent Purchasers Compensation Right to Fair Compensation Act 2013

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