Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s.24(2) – Land acquisition proceedings under Land Acquisition Act, 1894 – Possession already taken in 2003 – High Court, on the ground, that the compensation was not tendered to the land owner under s.30(2) of Act of 2013, allowed writ petition and declared that the acquisition with respect to the land in question is deemed to have lapsed under s.24(2) of the Act, 2013 – Hence instant appeal – Held: As per the law laid down in the case of Indore Development Authority, it cannot be said that the land proceedings are deemed to have lapsed – In order to attract s.24(2) of the Act, 2013, twin conditions of not taking possession and not tendering/payment of compensation are required to be satisfied – If one of the conditions is not satisfied, the acquisition proceedings are not deemed to have been lapsed under s.24(2) of the Act, 2013 – As per the Special Land Acquisition Officer as the possession was taken on 13.02.2003 and was handed over to the Lucknow Development Authority on 13.02.2003 and in view of the decision of this Court in the case of Indore Development Authority, the impugned judgment and order passed by the High Court is unsustainable – Appeal allowed. Indore Development Authority v. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed.
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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