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Supreme Court of India 2023-02-24 allowed

National Capital Territory of Delhi & Anr vs Subhash Chander Khatri & Ors

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The National Capital Territory of Delhi challenged a High Court judgment that had declared land acquisition proceedings lapsed and entitled the landowners to compensation under the 2013 Act. The Supreme Court held that acquisition proceedings do not lapse merely because compensation remains unpaid if physical possession of the land has already been taken and put to public use. Since the State had taken possession of the land and used it for a drain construction project, the proceedings could not lapse. The Court overruled the earlier Pune Municipal Corporation precedent and applied the Constitution Bench's Indore Development Authority decision, allowing the State's appeal and quashing the High Court's order.

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Land Acquisition Compensation Statutory Interpretation Constitutional Law Administrative Law Rehabilitation and Resettlement

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