Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s. 24(2) – Land acquisition, when deemed to have lapsed – Writ petition by the respondent-original writ petitioners, seeking declaration that acquisition proceedings pertaining to subject land is deemed to have lapsed in view of s.24(2) – High Court allowed the writ petition – Sustainability of – Held: Not sustainable – Title with respect to the land in question in favour of the original writ petitioner was yet to be established – Original petitioner was not the recorded owner – Recorded owner never came forward to receive the compensation and therefore, the same was lying unpaid – Thus, unless and until the right and title of the original writ petitioner was established the High Court materially erred in entertaining the writ petition – Also, Pune Municipal Corporation’s case on which the High Court relied upon, has been overruled in the Indore Development Authority’s case – Thus, the order passed by the High Court is quashed and set aside.
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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