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Supreme Court of India 2023-02-17 allowed

Land and Building Department and Anr vs Manish Sethi and Ors

Bench: 3 — M.R. Shah, C.T. Ravikumar, Sanjay Karol

In Brief

In this appeal, the Supreme Court was asked to decide whether land acquisition proceedings had lapsed because compensation had not been paid, though possession of the land had been taken in 2007. The Court held that land acquisition proceedings do not lapse merely due to non-payment of compensation if possession has already been taken. The Court relied on the Constitution Bench decision in Indore Development Authority v. Manoharlal, which established that Section 24(2) of the 2013 Act allows deemed lapse only when both possession and compensation have failed for five years or more. The Court quashed the High Court's order and allowed the appeal, holding that once possession is taken, the acquisition proceedings cannot lapse under the 2013 Act.

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