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Supreme Court of India 2023-04-11 partly_allowed

Development Corporation Ltd. (HSIIDC) & Others vs M/s Honeywell International (India) Pvt. Ltd

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Supreme Court examined whether a High Court correctly declared that land acquisition proceedings had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The High Court had disposed of writ petitions solely on deemed lapse grounds without considering substantive challenges to acquisition under the Land Acquisition Act, 1894. The Court held that acquisition petitions must be decided on all merits raised, not just on deemed lapse. Where acquiring bodies had taken actual possession and paid compensation, deemed lapse was inapplicable. The Court remitted proceedings to the High Court to adjudicate original grounds of challenge within nine months.

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Land Acquisition Rehabilitation and Resettlement Administrative Law Constitutional Law Property Rights Civil Procedure

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