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Supreme Court of India 2022-12-15 allowed

Govt. of NCT of Delhi vs Mohd. Maqbool & Ors

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

In Brief

The Supreme Court clarified the test for deemed lapse of land acquisition proceedings under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Land acquired by Delhi Development Authority in 1983 was challenged decades later by landowners claiming the acquisition had lapsed due to non-payment of compensation. The Court held that deemed lapse requires BOTH conditions to be absent: (1) possession not taken, AND (2) compensation not paid. Since possession was taken and handed to DDA in 1983, the acquisition could not lapse merely for non-payment. The Court overruled prior precedent and upheld the acquisition.

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

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