Right to far compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s. 24(2) – Land acquisition, when deemed to have lapsed – On facts, award passed with respect to the subject land in the year 1992 – Possession of the land was taken in the year 2006 and was handed over to the DDA on the spot by preparing the possession proceedings – Writ petition by the private respondent-writ petitioner seeking declaration that acquisition proceedings pertaining to subject land is deemed to have lapsed in view of s.24(2) – High Court relying upon the Pune Municipal Corporation’s case held the acquisition is deemed to have lapsed – Sustainability of – Held: Not sustainable – Pune Municipal Corporation and Anr.’s case has been overruled by this Court in the Constitution Bench decision in Indore Development Authority’s case – Applying the law laid by this Court in Indore Development Authority’s case, there shall not be any deemed lapse u/s. 24(2) – Order passed by the High Court is quashed and set aside – Land Acquisition Act, 1894.
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.
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