Land Acquisition – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – Lapse under – Land acquisition proceedings – Challenge to – Writ proceedings – Relying upon the decision in the case of Pune Municipal Corporation on the ground that compensation with respect to the land in question was not paid, the High Court allowed the writ petition and declared that acquisition in respect of the land in question is deemed to have lapsed u/s.24(2) – Decision in the case of Pune Municipal Corporation has however been overruled by Constitution Bench in the case of Indore Development Authority – Accordingly, for purpose of lapsing the acquisition u/s.24(2), 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 over on 12.03.1981 then applying the law laid down in the case of Indore Development Authority the acquisition of the land in question is not deemed to have lapsed u/s.24(2) – Impugned judgment passed by the High Court is unsustainable. Indore Development Authority v. Manoharlal & Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed.
Pune Municipal Corporation & Anr. v. Harakch and 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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