Relevant statute -Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

This is a Supreme Court of India case where the Government of NCT of Delhi & Anr. (appellants) filed an appeal against the decision of the High Court of Delhi at New Delhi in Writ Petition (C) No. 3539 of 2015. The High Court had allowed the writ petition preferred by the respondent No. 1 herein – original writ petitioner and declared that the land acquisition proceedings initiated under the Land Acquisition Act, 1894, with regard to the land in question, is deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Supreme Court allowed the appeal and quashed the judgment of the High Court.

The Supreme Court referred to its earlier decision in the case of Indore Development Authority Vs. Manoharlal and Ors. (2020) 8 SCC 129 and overruled the decision in Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183. The Constitution Bench of the Supreme Court held that the decision in Sree Balaji Nagar Residential Assn. Vs. State of T.N. (2015) 3 SCC 353 could not be said to be laying down good law and overruled it along with other decisions that followed it.

Government of NCT of Delhi & Anr. …Appellant(s)
Versus
Shakeel Ahmed & Ors. …Respondent(s)
decided by the Supreme Court on Feb.9, 2023.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.