Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s. 24(2) – Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in certain cases – Writ petition by the landowners claiming that acquisition with respect to the land deemed to be lapsed u/s. 24(2) – Allowed by the High Court – On appeal, held: High Court relying upon the decision of this Court in Pune Municipal Corporation’s case ordered lapsing of the land in question u/s. 24 on the ground that the compensation was not paid to the landowners – Said decision-Pune Municipal Corporation’s case has been overruled by the Constitution Bench decision of this Court in Indore Development Authority’s case – Furthermore, before the High Court, it was the specific case of the Development Authority-appellant that the possession of the land in question has already been taken – In view thereof, the order passed by the High Court is unsustainable and is set aside.
Indore Development Authority Vs. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] (3) SCR 1 – followed. Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183 : [2014]
(1) SCR 783 – 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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