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Supreme Court of India 2022-08-22 allowed

Union of India & Anr vs Subhash Chander Sehgal & Ors

Bench: 2 — M. R. Shah, B.V. Nagarathna

In Brief

The Union of India challenged a High Court decision that declared land acquisition proceedings lapsed under Section 24(2) of the 2013 Act, despite possession being taken in 1987. The Supreme Court held that acquisition proceedings do not lapse merely because compensation remains unpaid—lapse occurs only when neither possession has been taken nor compensation paid for five years before the Act's commencement. Once possession is taken, the land vests in the State irreversibly. The Court relied on the Constitution Bench decision in Indore Development Authority, reversed the High Court, and allowed the appeal, holding the landowners were entitled to compensation under the 1894 Act as per the existing award.

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Land Acquisition Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Administrative Law Constitutional Law

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