Land Acquisition Act, 1894 – ss. 4 and 6 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s. 24(2) – Lapse of acquisition proceedings – Claim of – Respondent purchased property after the publication of notice u/ss.4 and 6 of the 1894 Act – Appellants had deposited compensation (amount payable to original owners) by filing application in the High Court since the deposit was not accepted by the Additional District Judge, on account of the Court closed for winter vacations – The High Court passed order recording that the same shall be treated as tendered to the Court of Additional District Judge on 30.12.2013 – Respondent filed writ petition before the High Court and claimed lapse of the proceedings under 2013 Act – The High Court declared the acquisition proceedings as lapsed in view of the provisions of s. 24(2) of the 2013 Act – Held: The respondent is a purchaser after the publication of notice u/ss. 4 and 6 of the Act and in fact after the award of the Land Acquisiti on Collector – Therefore, for the reasons recorded in the matter of Delhi Development Authority v. Godfrey Phillips (I) Ltd., subsequent purchaser is not entitled to claim lapsing of the proceedings under the 2013 Act – Further, the finding that compensation was not offered to the land owners and therefore the deposit in the Court cannot be regarded as payment of compensation is again not tenable in view of the judgment in Indore Development Authority v. Manohar Lal & Ors. – Therefore, the order passed by the High Court is not sustainable and same is set aside – Appeal allowed.
Indore Development Authority v. Manoharlal & Ors (2020) 8 SCC 129; Delhi Development Authority v. Godfrey Phillips (I) Ltd. (Civil Appeal No. 3073 of 2022 decided by the Supreme Court) – relied on.
Chatro Devi v. Union of India & Ors. 2005 SCC Online Delhi 279 – referred to.
Gyanender Singh & Ors. v. Union of India & Ors. W.P.(C) No. 1393 of 2014 decided by the Delhi High Court – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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