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Supreme Court of India 2023-04-19 allowed

Land Acquisition Collector (South) vs Hari Chand and Anr

Bench: 2 — M.R. Shah, Ahsanuddin Amanullah

In Brief

The Land Acquisition Collector (South) appealed a High Court judgment declaring that land acquisition had lapsed under Section 24(2) of the 2013 Act because compensation was not paid, even though physical possession was taken in 1987. The Supreme Court allowed the appeal, holding that where possession has been taken and vested in the State, acquisition does not lapse merely because compensation remains unpaid. The Court clarified that Section 24(2) requires both the absence of possession AND compensation for five years or more. The High Court's reliance on an earlier judgment was superseded by a Constitution Bench decision in Indore Development Authority, which reinterpreted the statute. The acquisition was restored as valid.

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

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