Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s. 24(2) – Lapse of acquisition Proceedings – Claim of – Land Acquisition proceedings was challenged before the High Court – The High Court declared that the acquisition proceedings with respect to the subject land had lapsed in terms of s.24(2) of the Act 2013 – High Court relied upon the decision of the Supreme Court in the case of Pune Municipal Corporation and another v. Harakchand Misirimal Solanki and Others – On appeal, held: A Constitution Bench of Supreme Court in the case of the Indore Development Authority v. Manoharlal and Others, has specifically overruled the decision in the case of the Pune Municipal Corporation – In such a situation, no relief of lapse of acquisition proceedings can be countenanced in view of the law laid down in the case of Indore Development Authority – Once it is held that there is no lapse of acquisition proceedings u/s. 24(2) of the 2013 Act, the land which has stood vested with the appellant continues to do.
Indore Development Authority v. Manoharlal and others, (2020) 8 SCC 129: [2020] 3 SCR 1 – followed. Pune Municipal Corporation and Another v.
Harakchand Misirimal Solanki and Others (2014) 3 SCC 183 : [2014] 1 SCR 783; Sree Balaji Nagar
Residential Association v. State of Tamil Nadu, (2015)
3 SCC 353 – 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.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.