Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s. 24(2) – Land acquisition, when deemed to have lapsed – On facts, possession not taken due to stay, however, compensation was sent in RD - Writ petition seeking declaration that acquisition proceedings pertaining to subject land is deemed to have lapsed in view of s.24(2) – Allowed by the High Court relying on the Pune Municipal Corporation’s case – Sustainability of – Held: Not sustainable – Impugned judgment contrary to law laid down by this Court in the Constitution Bench decision in the Indore Development Authority’s case that once having obtained the stay against the dispossession and due to which the acquiring body/beneficiary could not have taken the possession, thereafter, it is not open for the landowner to contend that as the possession is not taken, he is entitled to the benefit of s. 24(2) – Thus, order passed by the High Court is quashed and set aside – Land Acquisition Act, 1894.
Indore Development Authority Vs. Manoharlal and Ors, (2020) 8 SCC 129 : [2020] 3 SCR 1 - followed.
Pune Municipal Corporation & Anr. Vs Harakchand Misrimal Solanki & 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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