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Supreme Court of India 2023-02-09 allowed

North Delhi Municipal Corporation vs Ram Chander Singh and Ors

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The North Delhi Municipal Corporation appealed a High Court judgment that declared a 1959 land acquisition lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The High Court had found no lapse because compensation was never paid to the original owners. The Supreme Court allowed the appeal, holding that Section 24(2) provides for lapse only where BOTH possession has not been taken AND compensation has not been paid. Since possession was duly taken in 1964 and compensation was offered (deposited in treasury), the acquisition did not lapse. The Court applied the Constitution Bench ruling in Indore Development Authority, which overruled the precedent relied upon by the High Court.

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Land Acquisition Rehabilitation and Resettlement Administrative Law Constitutional Law Statutory Interpretation

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