DELHI DEVELOPMENT AUTHORITY versus BHAGI SINGH AND ORS.

DELHI DEVELOPMENT AUTHORITY versus BHAGI SINGH AND ORS.

Applying the Constitution Bench decision in Indore Development Authority v. Manoharlal, the Supreme Court held that possession of the suit land was taken on 21.03.2007 by LAC/L&B by drawing panchnama and preparing a possession report; therefore Section 24(2) of the 2013 Act does not deem the acquisition to have lapsed and the High Court judgment declaring lapse was quashed and set aside.

Parties
Appellant: Delhi Development Authority; Respondents: Bhagi Singh and Ors.
Jurisdiction
India
Judgment Date
20 January 2023
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Section 24(2) Lapse of Acquisition, Possession and Payment of Compensation, Mode of Taking Possession (panchnama/possession Report)
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Land Acquisition Act, 1894 Land Acquisition Section 24(2) Lapse of Acquisition Possession and Payment of Compensation Mode of Taking Possession (panchnama/possession Report)

Case Brief

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Parties

Delhi Development Authority

Appellant

Bhagi Singh and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether acquisition proceedings are deemed to have lapsed under Section 24(2) of the 2013 Act where no physical possession was taken
  2. 2 Whether possession taken by drawing panchnama and preparing a possession report by LAC/L&B Department constitutes possession under the 1894 Act and prevents lapse under Section 24(2)

Ratio Decidendi

Applying the Constitution Bench decision in Indore Development Authority v. Manoharlal, the Supreme Court held that possession of the suit land was taken on 21.03.2007 by LAC/L&B by drawing panchnama and preparing a possession report; therefore Section 24(2) of the 2013 Act does not deem the acquisition to have lapsed and the High Court judgment declaring lapse was quashed and set aside.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and order of the High Court dated 25.07.2017 quashed and set aside
  • Appeal allowed