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Govt. of NCT of Delhi v. Anup Singh

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 5548 of 2017)Decided 20 Apr 2017
Civil Appeal No. 5548 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

The Delhi Government had acquired land from the original owners (the respondents) but, as the Court records, had neither taken possession of the land nor paid them compensation. No court stay order had ever prevented the government from doing either of these things in the meantime. The government challenged an order favouring the landowners, leading to this batch of connected appeals.

Decision Breakdown

The Supreme Court held that since more than five years had passed without the government taking possession or paying compensation, and with no stay order to excuse the delay, the acquisition had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Finding no merit in the government's appeals, the Court dismissed all of them (Civil Appeal No. 5548/2017 and the six connected appeals) with no order as to costs.

Lesson Learnt

Under the 2013 land acquisition law, if the government acquires land but fails to pay compensation or take possession within five years (absent a valid court stay), the acquisition itself is deemed to have lapsed: the land effectively reverts to the original owner.

Official source (sci.gov.in)View Judgment (PDF)

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