Land Acquisition – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – Land Acquisition Act, 1894 – Relying upon the decision of Supreme Court in the case of Pune Municipal Corporation, the High Court allowed writ petition preferred by respondent no.1 and declared that the land acquisition proceedings initiated under the Act, 1894 of the subject land is deemed to have lapsed under s.24(2) of the Act, 2013 – Decision in the case of Pune Municipal Corporation has been specifically overruled by the Constitution Bench decision in the case of Indore Development Authority – Accordingly, twin conditions namely, not taking possession and not paying compensation have to be satisfied and if one of the conditions is not satisfied there shall not be any lapse of the acquisition – Possession of land in question was duly taken on 14.09.2007 – High Court, thus, committed serious error in declaring that the acquisition with respect to the land in question is deemed to have lapsed u/s.24(2) of the Act, 2013 – 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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