Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – High Court relying on the decision of Supreme Court in Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and Ors. declared that the acquisition proceedings w.r.t the entire land in question are deemed to have lapsed u/s.24(2) – It was the specific case on behalf of the Land Acquisition Collector that the possession with respect to some portion of the lands could not be taken over due to stay – Held: Despite the same and without going into the controversy of physical possession, the High Court mainly relying on Pune Municipal Corporation case passed the impugned judgment – Decision in the said case has been overruled by the Constitution Bench in Indore Development Authority v. Manoharlal and Ors. – Applying the law laid down therein to the present case, the High Court materially erred in declaring that the acquisition proceedings with respect to the entire land are deemed to have lapsed – There shall be no deemed lapse w.r.t the acquisition proceedings of the lands in question – Impugned judgment set aside. Indore Development Authority v. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed.
Pune Municipal Corporation and Anr. vs.
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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