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Land & Building Department (through Secretary) & Ors. v. Giriraj Singh and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8547 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8547 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

Acquisition proceedings over Giriraj Singh's land had been pending for years without possession being taken or compensation paid, and the High Court held the acquisition had lapsed under the 2013 Act. The appellant authority challenged that finding before the Supreme Court.

Decision Breakdown

The Court held the issue was already covered against the appellant by its companion ruling in Civil Appeal No.8477 of 2016 and dismissed the appeal, upholding the lapse. It gave the appellant one year to initiate fresh acquisition proceedings under Section 24(2) by issuing a new Section 11 notification, failing which it had to return possession of the land to the original owner if it was holding it.

Lesson Learnt

Whichever government body is acquiring land, the same statutory clock applies: failure to pay compensation or take possession within time causes the acquisition to lapse, regardless of which department's name is on the file.

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

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