Supreme Court Sets Aside the Delhi HC Order and Grants Relief to the Delhi Government

WHAT DID THE Court SAY?

• In Government of NCT of Delhi and Ors. v. Krishan Kumar & Ors., the Supreme Court set aside the judgement of the Delhi High Court and held that the land acquisition proceedings related to the present case have not lapsed under Section 24(2) of the Land Acquisition Act, 2013.
• A Three-Judge Bench of Justice MR Shah, Justice CT Ravikumar and Justice Sanjay Karol placed reliance on the case of Indore Development Authority v. Manohar Lal and Ors., 2020 while pronouncing the judgement.

WHAT IS THE CASE ABOUT? 

• In this case, an appeal was filed by the Government of Delhi against the order of the Delhi HC dated 14.03.2016 in Writ Petition (C) No. 1178 of 2015 wherein the writ petition filed by the respondent was allowed.
• The Ld. High Court had held that the land acquisition proceedings with respect to the lands in question have lapsed u/s 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

OBSERVATION OF THE COURT AND DECISION:

• The Ld. Court placed reliance on the provisions laid down in the case of Indore Development Authority Vs. Manoharlal and Ors., (2020) 8 SCC 129.
• The Court observed that as per the records produced by the Land Acquisition Collector (LAC), the possession of the disputed lands was handed over to the DDA in 1997. The same has also been admitted by the original writ petitioners, i.e., the respondent.
• The Court held that the High Court erred in holding that the land acquisition proceedings were deemed to have lapsed u/s 24(2) of the 2013 Act.
• Accordingly, the appeal was allowed.

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