Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – S. 24(2) – Specific case on behalf of the DDA that possession of the lands in question were taken over and the compensation with respect to the said lands was sent in RD due to dispute – High Court relying upon the decision in the case of Pune Municipal Corporation and Anr. vs. Harakchand Misirimal Solanki and Ors., declared that the acquisition with respect to the lands in question is deemed to have lapsed u/s. 24(2) of the Act, 2013 solely on the ground that the compensation was not paid in the manner known to law to the land owners – Held: The decision in Pune Municipal Corporation & Anr. v. Harakchand Misrimal Solanki & ors. has been specifically overruled by the Constitution Bench in the case Indore Development Authority v. Manoharlal and Ors. – As per the law laid down by Supreme Court in the case of Indore Development Authority for deemed lapse under Section 24(2) of the Act, 2013, twin conditions, namely, (i) the possession is not taken and (ii) the compensation is not tendered/paid are to be satisfied and if one of the conditions is not satisfied there shall not be any lapse or deemed lapse under the Act, 2013 – Therefore, the impugned judgment and order passed by the High Court unsustainable and accordingly, set aside – Appeal allowed.
Indore Development Authority vs Manoharlal & 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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