Supreme Court of India

Govt. of Nct of Delhi and Anr. v. Shiv Dutt Sharma and Anr.

Neutral citation
Reported as [2022] 15 S.C.R. 686
Bench M. R. Shah and M. M. Sundresh JJ.
Decided 24 November 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the above and for the reasons stated above, and, more particularly, considering the subsequent decision of the Constitution Bench of this Court in the case of Indore Development Authority (supra), the impugned judgment and order passed by the High Court is unsustainable and the same deserves to be quashed and set aside and is accordingly quashed and set aside.

Judgment, page 5

From the headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – High Court relied upon the Supreme Court decision in case o f Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and Ors. and gave a specific finding that the possession o f the subject land was taken, however compensation was not paid, therefore, declared the acquisition with respect to the land i n question has lapsed u/s. 24(2) of the Act of 2013 – Held: The case reli ed on by High Court has been overruled by the subsequent decision in Indore Development

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