Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s.24(2) – Land Acquisition Act, 1894 – Notification under s.4 of LA Act was issued on 23.01.1965 and award was declared – Possession of the land was taken and handed over to the DDA on 22.09.1986 – After a period of 29 years of passing of the award and taking over of possession, Respondent 1 and 2 filed the writ petition before the High Court for declaring that the acquisition of lands in question deemed to be lapsed under s.24(2) of the Act, 2013 – High Court relied on Pune Municipal Corporation and Anr. and declared that the acquisition with respect to the land in question is deemed to have lapsed under s.24(2) solely on the ground that the compensation was not paid to the recorded owners – On appeal, held: The view taken by the High Court relying upon the decision in the case of Pune Municipal Corporation and Anr. is unsustainable – The decision in the case of Pune Municipal Corporation and Anr. which has been relied upon by the High Court while passing the impugned judgment and order has been specifically overruled by the Constitution Bench of this Court in the case of Indore Development Authority v. Manoharlal and Ors. – Impugned judgment declaring that the acquisition with respect to the land in question is deemed to have lapsed under s.24(2) of the Act, 2013 is set aside.
Indore Development Authority v. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed.
Pune Municipal Corporation and Anr. v. 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.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.