Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s.24(2) – Land acquisition, when deemed to have lapsed – 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) – Department’s case that the possession of the subject land was taken over and used by the Department prior to 2013 and the compensation was not paid – High Court held the acquisition is deemed to have lapsed, however the original writ petitioner would be entitled to compensation under the Act – On appeal, held : Possession of the subject land was taken over and was put to use prior to 2013 Act came into force, there would be no deemed lapse of acquisition and the original writ petitioner not entitled to compensation under the Act – Impugned Judgment passed by the High Court not sustainable and set aside – Land Acquisition Act, 1897.
Indore Development Authority Vs. Manoharlal and Ors. (2020) 8 SCC 129 – 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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