Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – High Court relying on the decision of Supreme Court in Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and Ors. reported as allowed the writ petition and declared that the acquisition w.r.t the lands in question is deemed to have lapsed by virtue of s.24(2) – On appeal, held: Decision in Pune Municipal Corporation case has been overruled by the Constitution Bench in Indore Development Authority v. Manoharlal and Ors. reported as – Further, no finding was given by High Court w.r.t the case on behalf of the Land Acquisition Collector (LAC) that the possession of the disputed lands in question was taken and handed over to the beneficiary department-DDA immediately – Even the original writ petitioners admitted that they were not in possession, otherwise they would not have asked for return of the possession – The possession proceedings produced on record by LAC were as per the law laid down in the Indore Development Authority case – Applying the law laid down therein to the facts of the case on hand, there shall not be any deemed lapsed as held by the High Court – Impugned judgment setaside – Land Acquisition Act,1894.
Indore Development Authority v. 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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