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Supreme Court of India 2022-11-24 allowed

The Secretary, The Department of Land and Building and Ors vs Anjeet Singh (Dead) through LRs. and Anr

Bench: 2 — M.R. Shah, M.M. Sundresh

In Brief

This case concerned whether land acquisition proceedings were deemed to lapse under Section 24(2) of the 2013 Rehabilitation Act when possession was taken but compensation remained unpaid due to disputes among co-owners. The Supreme Court held that for deemed lapse, both conditions must be satisfied: possession not taken AND compensation not paid. Since possession was already taken in 1986, the acquisition could not lapse merely because compensation was disputed. The Court relied on the Constitution Bench decision in Indore Development Authority, overruling earlier precedent, and allowed the appeal, quashing the High Court's order declaring lapse.

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Land Acquisition Compensation Real Property Constitutional Law

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