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Supreme Court of India 2023-02-24 allowed

Land Acquisition Collector vs Jai Prakash Tyagi & Ors

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Supreme Court allowed an appeal by the Land Acquisition Collector against a High Court judgment that had declared land acquisition proceedings lapsed under Section 24(2) of the 2013 Act. The Court held that acquisition proceedings do not lapse merely because compensation was not paid if possession of the land was taken. The Court clarified that Section 24(2) requires both possession not taken AND compensation not paid (reading 'or' as 'and') for lapse to occur. It overruled Pune Municipal Corporation v. Solanki and applied the Constitution Bench ruling in Indore Development Authority v. Manoharlal. The proceedings were restored, though the Court noted that unpaid compensation must still be addressed.

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Land Acquisition Compensation Statutory Interpretation Administrative Law

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