Land Acquisition Proceedings Not Lapsed Due to Possession or Compensation, Rules Supreme Court

New Delhi, 11th April 2023: In a significant decision, the Supreme Court of India has ruled that land acquisition proceedings for the construction of the Delhi-Saharanpur-Dehradun Highway, a project of national importance, have not lapsed. The judgment, delivered in the case of Land and Building Department through Secretary & Anr. v. Attro Devi & Ors., clarified the interpretation of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The case revolved around a writ petition filed by Attro Devi and others, who argued that the acquisition of their land had lapsed as neither possession nor compensation had been provided. The High Court had ruled in their favor, but the Supreme Court overturned the decision.

The apex court referred to its previous Constitution Bench judgment in Indore Development Authority v. Manoharlal and Others, where it was held that satisfaction of either taking possession of the acquired land or payment of compensation is sufficient to save the acquisition from lapsing under Section 24(2) of the 2013 Act.

In this case, the Supreme Court found that the possession of the land in dispute was taken after the acquisition was complete, satisfying one of the conditions for saving the acquisition. The court further emphasized that the subject land was required for the construction of the Delhi-Saharanpur-Dehradun Highway, which is part of the Phase-I of Bharatmala Pariyojana.

While setting aside the High Court's order, the Supreme Court directed the Land Acquisition Officer to ensure that the respondents receive the rightful compensation as per their entitlement.

This judgment is expected to have far-reaching implications for land acquisition cases, providing clarity on the conditions for the lapse of acquisition proceedings under the 2013 Act. It also highlights the importance of national infrastructure projects and the need to strike a balance between development and landowners' rights.

The decision by the Supreme Court will enable the smooth progress of the Delhi-Saharanpur-Dehradun Highway project, contributing to improved connectivity and infrastructure in the region.

Date of Judgment: 11th April 2023

LAND AND BUIILDING DEPARTMENT vs THROUGH SECRETARY & ANR.  ATTRO DEVI & ORS.                   

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