SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2014 Supreme(SC) 210

R.M.LODHA, S.A.BOBDE
Bimla Devi – Appellant
Versus
State of Haryana – Respondent


JUDGMENT

1. Leave granted. It is a common ground of the parties that the award was passed on 18.11.1995 and the compensation has not been paid nor deposited in the court nor received by the Appellants till date i.e. 31.1.2014 and even the physical possession of the land in question is with the Appellants as on date.

2. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "2013 Act") came into effect on 1.1.2014. It is submitted by the Appellants and not contested by the Respondents that in view of Section 24 of 2013 Act, the land acquisition proceedings have lapsed.

3. In a recent decision of this Court in Pune Municipal Corporation and Anr. v. Hrakchand Misrimal Solanki and Ors. (2014) 3 SCC 183, a three Judge Bench speaking through one of us (R.M. Lodha, J.) considered the scope of Section 24 particularly the meaning of the expression "compensation has not been paid" in Section 24(2) of 2013 Act and held as under:

10. Insofar as Sub-section (1) of Section 24 is concerned, it begins with non obstante clause. By this, Parliament has given overriding effect to this provision over all other provisions of 2013 Act. It is



Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top