Civil Law
Mode of Citation- ILC-2016-SC-CIVIL-....
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Civil Law
Mode of Citation- ILC-2016-SC-CIVIL-....
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ILC-2015-SC-CIVIL-Feb-21

Govt. Of NCT of Delhi and Ors. Vs. Jagjit Singh and Ors.

Head Note

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

Land Acquisition Proceedings - Lapse of Proceedings - Held that each and every deeming operation under Section 24(2) requires unambiguously and unvaryingly that a factual conclusion be drawn about the passing of the Award under Section 11, of the 1894 Act, on or before 01.01.2009; further, the absence of compensation having been paid or the absence of possession having been taken by the acquirer, either of these, must be a proven point of fact, as a threshold requirement attracting the lapse - High Court declared that the acquisitions had lapsed for the reason that the possession had not been taken and compensation, too, not paid - Held that this is sufficient ground for granting the protection envisaged by Section 24(2) of the Land Acquisition Act, 2013 - Appeal liable to be dismissed.

Topic(s)-Land Acquisition - Lapse of Proceedings







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