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Supreme Court of India 2023-04-11 allowed

THROUGH SECRETARY & ANR vs ATTRO DEVI & ORS

Bench: 2 — Abhay S. Oka, Rajesh Bindal

In Brief

The Supreme Court set aside the High Court's order that had declared land acquisition proceedings lapsed under the 2013 Act. The key issue was whether acquisition lapses when possession is taken but compensation is not paid. The Court held that acquisition does not lapse if either possession is taken OR compensation is paid. Here, possession was undisputed, taken on 6 December 2012 by the Land Acquisition Collector and handed to the Delhi Development Authority. The Court clarified that vesting of land in the State includes possession, and any person retaining possession thereafter is a trespasser. The State need not physically occupy or guard vacant acquired land. The respondents remain entitled to compensation under the applicable law.

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Land Acquisition Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Possession of Land Lapse of Acquisition Proceedings

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