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Supreme Court of India 2023-02-10 allowed

Govt. of NCT of Delhi vs Sushil Kumar Gupta & Ors

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Government of Delhi appealed against a High Court order that had declared land acquisition proceedings lapsed under Section 24(2) of the 2013 Act, solely because compensation had not been paid despite possession being taken in 1981. The Supreme Court held that acquisition proceedings lapse only when neither possession nor compensation occurs for five years before the 2013 Act commenced. Since possession was already taken, the proceedings cannot lapse regardless of compensation status. The High Court had incorrectly relied on an earlier judgment that the Constitution Bench had overruled. The Court allowed the appeal, quashed the High Court's order, and dismissed the writ petition.

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Land Acquisition Compensation and Rehabilitation Constitutional Law Statutory Interpretation

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