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Supreme Court of India 2022-12-09 allowed

Land Acquisition Collector (South East) vs Dharamvir & Ors. …

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Supreme Court upheld the collector's appeal against a High Court judgment that had declared land acquisition proceedings lapsed under Section 24(2) of the Fair Compensation and Transparency in Land Acquisition Act, 2013. The Court held that proceedings do not lapse merely because compensation was not paid if possession of the land had been taken. Section 24(2) applies only to proceedings pending when the 2013 Act came into force (1 January 2014), and deemed lapse occurs only when both possession and compensation are absent for five years. The judgment overruled prior conflicting case law, following a Constitution Bench decision in Indore Development Authority."

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Land Acquisition Compensation Rehabilitation and Resettlement Act, 2013 Lapse of Proceedings Constitutional Law

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