Land Acquisition Collector and Anr. V. B.S. Dhillon & Ors.

Name of the Case: Land Acquisition Collector and Anr. V. B.S. Dhillon & Ors.
Case Number: Civil Appeal No. 1597 OF 2023
Judges Name: Hon’ble Judges M.R. Shah J, C.T. Ravikumar J
Order dated: 13.03.2023

Facts of the case:

  1. Aggrieved by the judgement and order passed by the High Court of New Delhi in the Writ Petition (C) No. 2916 of 2015 by which the High court declared the acquisition with respect to land in question is lapsed by virtue of section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, the Land Acquisition collector and anr. have preferred the present appeal. 
  2. From the judgement of Pune Municipal corp and Anr. V. Harakchand Misirimal Solanki and Ors , it appears that the award under section 11 of the Land Acquisition Act with respect to land in question was made in 19.06.1992. High court allowed the writ petition and declared that the acquisition with respect to the land is deemed to have lapsed under section 24(2) of the 2013 act. 
  3. Later when the subsequently overruled by the Constitutional bench in the case of Indore Development Authority Vs. Manoharlal and Ors it was applied to the case on hand and deemed that there shall not be any lapse under section 24(2) of the act. 

Supreme Court observed/held as follows:

  • Applying the law laid down by this Court in the case of Indore Development Authority (supra) to the facts of the case on hand, there shall not be any deemed lapse under Section 24(2) of the Act, 2013. 
  • The impugned judgement and order passed by the High Court is unsustainable and the same deserves to be quashed and set aside and is accordingly quashed and set aside. The Hon’ble Court allowed the appeal.
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