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Supreme Court of India 2022-12-02 allowed

Land Acquisition Collector (South), New Delhi and Anr vs Suresh B. Kapur & Ors

Bench: 2 — M.R. Shah, M.M. Sundresh

In Brief

The Supreme Court overturned a Delhi High Court ruling that declared land acquisition proceedings as lapsed under Section 24(2) of the 2013 RTFCLAA Act. The key dispute concerned whether acquisition lapses when compensation is deposited in court but possession is not taken. The Supreme Court, relying on a Constitution Bench decision, held that 'lapse' occurs only when BOTH possession and compensation are absent. Since compensation was deposited in court, and the delay in taking possession resulted from pending litigation (not authority inaction), the acquisition did not lapse. The court approved the Constitution Bench's interpretation that 'or' in Section 24(2) should be read as 'and', and overruled the Pune Municipal Corporation decision to the contrary.

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Land Acquisition Property Law Constitutional Law Administrative Law Statutory Interpretation

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