DELHI DEVELOPMENT AUTHORITY versus SHAKUNTLA DEVI AND ORS.

DELHI DEVELOPMENT AUTHORITY versus SHAKUNTLA DEVI AND ORS.

Applying Indore Development Authority v. Manoharlal, because the Land Acquisition Collector took possession of the land and handed it over by drawing a panchnama on 31.12.2013, the acquisition proceedings did not lapse under Section 24(2) of the 2013 Act; the High Court's declaration of lapse was quashed and set aside.

Parties
Appellant: Delhi Development Authority; Respondent: Shakuntla Devi and Ors.
Jurisdiction
India
Judgment Date
20 January 2023
Procedural Posture
Civil Appeal / Appeal to the Supreme Court Against High Court Judgment
Outcome
Appeal allowed; impugned High Court judgment quashed and set aside
Legal Topics
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Section 24(2), Lapse of Acquisition Proceedings, Possession Versus Payment of Compensation
Land Acquisition Statutory Interpretation Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Section 24(2) Lapse of Acquisition Proceedings Possession Versus Payment of Compensation

Case Brief

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Parties

Delhi Development Authority

Appellant

Shakuntla Devi and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court Against High Court Judgment

Legal Issues

  1. 1 Whether acquisition proceedings are deemed to have lapsed under Section 24(2) of the 2013 Act where compensation was not paid/tendered but possession was taken and handed over by the Collector
  2. 2 Whether tender/deposit of compensation or taking of possession prevents lapse under Section 24(2) of the 2013 Act

Ratio Decidendi

Applying Indore Development Authority v. Manoharlal, because the Land Acquisition Collector took possession of the land and handed it over by drawing a panchnama on 31.12.2013, the acquisition proceedings did not lapse under Section 24(2) of the 2013 Act; the High Court's declaration of lapse was quashed and set aside.

Court Disposition

Appeal allowed; impugned High Court judgment quashed and set aside

Orders

  • Impugned judgment and order of the High Court dated 14.03.2018 quashed and set aside
  • Present appeal allowed