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Reading: Delhi HC: No Relief can be granted under sec 24(2) of Land Acquisition Act if factual position regarding possession is not clear.
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Home » Blog » Delhi HC: No Relief can be granted under sec 24(2) of Land Acquisition Act if factual position regarding possession is not clear.
Judgments

Delhi HC: No Relief can be granted under sec 24(2) of Land Acquisition Act if factual position regarding possession is not clear.

By Tanay Akash 2 Min Read
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Delhi High Court (legaldesire.com)

Hon’ble Delhi High Court while dealing with a petition here on 19-02-2019 in the case of “Mahender Singh v. Land Acquisition Collector” stated that no Relief can be granted under sec 24(2) of Land Acquisition Act if factual position regarding possession is not clear.

BRIEF FACTS OF THE CASE

The Respondent without issuing any notice to the Petitioner, demolished the boundary wall as well as the constructed built-up area which had 17 rooms.

Also, the Petitioner has not received any compensation and still remains in possession of the land in question and therefore was entitled to the relief under Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Thus, this petition was filed for the compensation as well as possession of the subject land.

 

DECISION OF THE COURT

Hon’ble Court held that no Relief can be granted under sec 24(2) of Land Acquisition Act if factual position regarding possession is not clear.

Further Court held that it would be an additional ground for refusing the relief under Section 24 (2) if the land in question is part of an unauthorized colony.

Thus, this petition was dismissed.

 

Read the full Judgement Here-

[embeddoc url=”http://lobis.nic.in/ddir/dhc/SMD/judgement/20-02-2019/SMD19022019CW114152018.pdf” download=”all”]

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Tanay Akash February 21, 2019
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