Land Acquisition – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – Respondent no.1 filed writ petition, claiming relief for declaration that acquisition proceedings pertaining to subject lands were deemed to have lapsed in view of s.24(2) of the Act, 2013 as neither physical possession of the subject lands had been taken nor compensation had been tendered to respondent no.1– High Court allowed the writ petition and declared that acquisition with respect to the land in question was deemed to have lapsed – Held: The view taken by the High Court is contrary to the Constitution Bench decision of Supreme Court in the Indore Development Authority case – High Court was conscious of the fact that the actual physical possession was not capable of being taken due to illegal occupation by the encroachers – Though, High Court granted declaration that acquisition proceedings with respect to the subject lands were deemed to have lapsed, the High Court observed that respondent no.1 would only be entitled to compensation as per Act, 2013 – Once it is held that respondent no.1 is not entitled to the relief of declaration of lapsing of the acquisition proceedings, there is no question of payment of any compensation to him as per the Act, 2013 – Under the circumstances also, the impugned judgment of the High Court is unsustainable. Indore Development Authority v. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed.
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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