NATIONAL CAPITAL TERRITORY OF DELHI & ANR. versus SUBHASH CHANDER KHATRI & ORS.

Citation: [2023] 3 S.C.R. 107 · Decided: 24-02-2023 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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   [2023] 3 S.C.R. 107
107
NATIONAL CAPITAL TERRITORY OF DELHI & ANR.
v.
SUBHASH CHANDER KHATRI & ORS.
(Civil Appeal No.1353 of 2023)
FEBRUARY 24, 2023
[M. R. SHAH AND C. T. RAVIKUMAR, JJ.]
Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) –
High Court relying on the decision of Supreme Court in Pune
Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and
Ors. reported as[2014] 1 SCR 783, allowed the writ petition and
declared that the acquisition proceedings initiated w.r.t the subject
land are deemed to have lapsed – On appeal, held: Decision in
Pune Municipal Corporation case has been overruled by the
Constitution Bench of Supreme Court in Indore Development Authority
v. Manoharlal and Ors. reported as [2020] 3 SCR 1 – Applying the
law laid down therein, more particularly, the fact that physical
possession of the subject land was taken over and in fact was put
to use by the beneficiary department-Irrigation and Flood Control
Board for construction of Bankner Link Drain which was duly built,
there shall not be any lapse of the acquisition w.r.t the subject land
– Impugned judgment being contrary to the decision in the Indore
Development Authority case is quashed and setaside – Writ petition
before the High Court is dismissed – Land Acquisition Act,1894.
Indore Development Authority vs. Manoharlal and Ors.
(2020) 8 SCC 129 : [2020] 3 SCR 1 –followed.
Pune Municipal Corporation and Anr. Vs. Harakchand
Misirimal Solanki and Ors., (2014) 3 SCC 183 : [2014]
1 SCR 783 – referred to.
Case Law Reference
[2014] 1 SCR 783
referred to
Para 2
[2020] 3 SCR 1
followed
Para 2
CIVIL APPELLATE JURISDICTION : Civil Appeal No.1353
of 2023.
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SUPREME COURT REPORTS
[2023] 3 S.C.R.
From the Judgment and Order dated 03.01.2018 of the High Court
of Delhi at New Delhi in WP (C) No.12118 of 2015.
Atul Kumar, Ms. Sweety Singh, Ms. Archana Kumari, Rahul
Pandey, Rajiv Ranjan, Avdhesh Kumar, Advs. for the Appellants.
Abhimanyu, Kunal Mann, Ms. Mridula Ray Bharadwaj, Ms.
Manika Tripathy, Ashutosh Kaushik, Manish Vashist, Advs. for the
Respondents.
The Judgment of the Court was delivered by
M. R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order passed by the High Court of Delhi at New Delhi in Writ Petition
(C) No. 12118 of 2015, by which, the High Court has allowed the said
writ petition and has declared that the acquisition proceedings initiated
under the Land Acquisition Act, 1894 with regard to the subject land are
deemed to have lapsed and that the original writ petitioners are entitled
to the compensation as per the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013 (hereinafter referred to as “Act, 2013”), Secretary, Land and
Building Department, NCT of Delhi and Land Acquisition Collector have
preferred the present appeal.
2. From the impugned judgment and order passed by the High
Court and even as per the counter affidavit(s) filed by LAC (Land
Acquisition Collector) and Irrigation and Flood Control Department –
beneficiary of the subject land before the High Court, the possession of
the lands in question had been taken over and the land has been put to
use for construction of Bankner Link Drain. From the impugned judgment
and order, it appears that the original writ petitioners as such never disputed
the case on behalf of the original respondents that the physical possession
of the subject land has been taken over and the land has been put to use.
That the original writ petitioners restricted the prayer for grant of
compensation as per the Act, 2013. However, thereafter, relying upon
the earlier decision of this Court in the case of Pune Municipal
Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors.,
reported in (2014) 3 SCC 183, the impugned judgment and order has
been passed by the High Court declaring that the acquisition proceedings
with regard to the subject land are deemed to have lapsed and therefore,
the original writ petitioners shall be entitled to the compensation as per
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the Act, 2013 on the ground that the compensation has not been paid.
However, the decision of this court in the case of Pune Municipal
Corporation and Anr. (supra) has been overruled by the Constitution
Bench of this Court in the case of Indore Development Authority
Vs. Manoharlal and Ors., reported in (2020) 8 SCC 129 and in

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