Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – Land Acquisition Act, 1894 – s.48 – High Court relying on the decision in Pune Municipal Corporation case allowed the writ petition filed by Respondent No.1 and 2 original writ petitioners and declared that the acquisition proceedings initiated under the 1894 Act w.r.t the subject lands are deemed to have lapsed u/s.24(2) – On appeal, held: The decision in Pune Municipal Corporation case has been overruled by the decision of Constitution bench in Indore Development Authority case – Further, the High Court while passing the impugned judgment observed that the possession of the land in question continued with the original writ petitioners and that the compensation was neither paid nor even tendered – However, it was the specific case on behalf of the authority that the possession of the land in question was already taken over on 23.09.1986 and even the compensation amount of Rs.2.00 crores was deposited with the land and building department – Considering the decision in case of Indore Development Authority it cannot be said that the land acquisition proceedings are deemed to have lapsed u/sub-section(2) of s.24 – Also, at the time when the Act, 2013 came into force there was a stay granted by the High Court vide order dated 09.11.2011 in writ petition No.7714/2011 restraining the authority taking any coercive action in respect of the land in question – Thus, the impugned judgment passed by the High Court declaring that the land acquisition proceedings are deemed to have lapsed u/subsection (2) of s.24 of the 2013 Act, is unsustainable and is set aside. Indore Development Authority v. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed.
Pune Municipal Corporation and Anr. v. 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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