Land Acquisition – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – Land Acquisition Act, 1894 – High Court, relying upon the decision of Supreme Court in the case of Pune Municipal Corporation, allowed writ petition preferred by respondent No. 1 and declared that acquisition proceedings initiated under the Act, 1894 with regard to the land in question is deemed to have lapsed under s.24(2) of Act, 2013 – However, the decision in the case of Pune Municipal Corporation has been specifically overruled by the Constitution Bench decision of Supreme Court in the case of Indore Development Authority – Held: Applying the law laid down in the case of Indore Development Authority, the twin conditions namely, not taking the possession and not paying the compensation have to be satisfied and if one of the conditions is not satisfied there shall not be any lapse of the acquisition – Once possession of the land in question was taken on 23.02.2007, acquisition proceedings is not deemed to have lapsed – Judgment of High Court unsustainable. Indore Development Authority vs Manoharlal & Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed.
Pune Municipal Corporation & Anr. v. Harakchand Misrimal Solanki & Ors (2014) 3 SCC 183 – held
overruled.
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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