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Indore Development Authority v. Shailendra (Dead) Through Its LRs. and Ors.

Civil Appeal · 2017 INSC 1197Decided 7 Dec 2017
Civil Appeal No. 20982 of 2017
Justice Arun Mishra · Justice Amitava Roy

Background

This is a referral order, not a final judgment. The Indore Development Authority's appeal raised the question whether a land acquisition had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. There were conflicting views within the Court on how Section 24(2) should be read and on whether the earlier three-judge decision in Pune Municipal Corporation v. Harakchand Misirimal Solanki was correct.

Decision Breakdown

This is a referral order, not a final judgment. After discussing the conflicting views, the two-judge Bench held that the matter should be considered by a larger Bench. It directed that the matter be placed before the Chief Justice of India for appropriate orders. The appeal itself was not decided.

Lesson Learnt

There is no final ruling yet in this order on when a land acquisition lapses under Section 24(2) for non-payment of compensation or for not taking possession. The question is pending before a larger Bench.

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

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