DELHI DEVELOPMENT AUTHORITY versus NEM CHAND SHARMA AND ORS.

DELHI DEVELOPMENT AUTHORITY versus NEM CHAND SHARMA AND ORS.

Applying the Constitution Bench decision in Indore Development Authority v. Manoharlal, because possession of the land had been taken and handed over to the beneficiary department (in 1990 and 2007), the twin conditions for deemed lapse under Section 24(2) of the 2013 Act were not satisfied and therefore the High Court's declaration of deemed lapse was unsustainable; the appeal is allowed and the High Court order is quashed and set aside.

Parties
Appellant: Delhi Development Authority; Respondents: Nem Chand Sharma and ors.
Jurisdiction
India
Judgment Date
20 January 2023
Procedural Posture
Civil Appeal No.395 of 2023 / Judgment on Appeal
Outcome
Appeal allowed; impugned judgment and order of the High Court quashed and set aside
Legal Topics
Deemed Lapse Under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Possession and Payment/tender of Compensation, Interpretation of Section 24(2)
Land Acquisition Property Law Deemed Lapse Under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Possession and Payment/tender of Compensation Interpretation of Section 24(2)

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Parties

Delhi Development Authority

Appellant

Nem Chand Sharma and ors.

Respondents

Procedural Posture

Civil Appeal No.395 of 2023 / Judgment on Appeal

Legal Issues

  1. 1 Whether acquisition proceedings are deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
  2. 2 Whether taking of possession and/or tendering/paying compensation prevents deemed lapse under Section 24(2)

Ratio Decidendi

Applying the Constitution Bench decision in Indore Development Authority v. Manoharlal, because possession of the land had been taken and handed over to the beneficiary department (in 1990 and 2007), the twin conditions for deemed lapse under Section 24(2) of the 2013 Act were not satisfied and therefore the High Court's declaration of deemed lapse was unsustainable; the appeal is allowed and the High Court order is quashed and set aside.

Court Disposition

Appeal allowed; impugned judgment and order of the High Court quashed and set aside

Orders

  • Appeal allowed
  • Impugned judgment and order of the High Court dated 13.09.2017 in WP(C) No.3446 of 2015 quashed and set aside