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Supreme Court of India 2023-04-10 allowed

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

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The National Capital Territory of Delhi appealed the High Court's decision quashing land acquisition proceedings as lapsed under the 2013 Act. Although the High Court found possession had been taken and land used, it relied on the absence of compensation payment to declare lapse. The Supreme Court held that deemed lapse under Section 24(2) requires both absence of possession AND non-payment of compensation for five years before 2013. Since possession was taken and land put to use, there was no lapse regardless of compensation payment. The Court clarified that "or" in Section 24(2) must be read as "nor," requiring both conditions to be absent for lapse. The appeal was allowed and the High Court's judgment quashed.

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Land Acquisition Rehabilitation and Resettlement Constitutional Law Administrative Law

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