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Supreme Court of India 2023-03-17 allowed

STATE OF GUJARAT & ORS vs JAYANTIBHAI ISHWARBHAI PATEL

Bench: 2 — M. R. Shah, Manoj Misra

In Brief

The Supreme Court reversed the High Court's decision setting aside a land acquisition consent award from 1993 for the Narmada Project. The landowner had initially agreed to the acquisition for a fixed compensation but later refused to accept the compensation offered and requested cancellation. The Court held that a landowner who refuses compensation cannot later claim acquisition has lapsed. Possession was validly taken through panchnama documentation, and compensation was properly offered. The Court applied the Indore Development Authority precedent to hold that Section 24(2) of the 2013 Act (deemed lapse) requires both non-taking of possession AND non-payment of compensation; since both conditions were not met here, no lapse occurred.

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Land Acquisition Compensation Consent Award Statutory Lapse Possession Land Acquisition Act 1894 Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013

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