इंदौर विकास प्राधिकरण बनाम शैलेन्द्र
| Citation | (2020) 3 SCC 412 |
| Court | Supreme Court of India (Constitution Bench) |
| Date | 6 March 2020 |
| Year | 2020 |
| Bench | Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah, S. Ravindra Bhat JJ. |
| Acts/Articles | RFCTLARR Act 2013 Section 24, Land Acquisition Act 1894 |
| Category | Constitutional Law, Property & Land Law |
Key Principle Established
Section 24 of the Right to Fair Compensation Act 2013 (RFCTLARR Act) — land acquisition lapses only if both conditions met: (a) award not made AND (b) compensation not paid/deposited. "Or" in the section to be read as "and".
A major controversy arose over interpretation of Section 24(2) of the RFCTLARR Act, 2013 — whether pending land acquisition proceedings under the old 1894 Act lapse if compensation was not paid/deposited, even if an award had been made.
The Constitution Bench overruled the earlier Pune Municipal Corporation (2014) decision and held:
This Constitution Bench decision has massive implications for land acquisition across India, including thousands of pending acquisitions in Haryana. It reversed a line of judgments that had allowed landowners to reclaim acquired land, and settled the law definitively on when old acquisitions survive under the new Act.
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Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.