1. Land acquisition proceedings — Non-payment of compensation to land owners — Lapsing of proceedings. (Para 3 )
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2017 Supreme(SC) 543
SUPREME COURT OF INDIA
KURIAN JOSEPH, R. BANUMATHI, JJ.
DELHI DEVELOPMENT AUTHORITY - APPELLANT
VERSUS
ISHWAR SINGH AND ORS. - RESPONDENTS
CIVIL APPEAL NO. 6078 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 14419 OF 2017] [@ SPECIAL LEAVE PETITION (C) .....CC 19842 OF 2016]
Decided On : 02-05-2017
Important Points
The court's decision is based on the non-payment of compensation and the appellant's right to initiate acquisition proceedings afresh under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Subject
Land Acquisition - Compensation and Acquisition Proceedings
Act Referred
Headnote
Compensation - Land Acquisition - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Court dismisses appeal due to non-payment of compensation, but grants appellant six months to initiate acquisition proceedings afresh under Section 24(2) of the Act
Fact of the Case:
The compensation has not been paid to the land owners, leading to the lapse of proceedings.
Finding of the Court:
The court dismisses the appeal, but grants the appellant six months to initiate acquisition proceedings afresh under Section 24(2) of the Act.
Issues: Non-payment of compensation, lapse of proceedings, and the appellant's liberty to initiate acquisition proceedings afresh.
Ratio Decidendi: The court's decision is influenced by the non-payment of compensation and the appellant's right to initiate acquisition proceedings afresh under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Final Decision: The appeal is dismissed, but the appellant is given a period of six months to exercise its liberty to initiate acquisition proceedings afresh. If no fresh acquisition proceedings are initiated within one year, the appellant must return the physical possession of the land to the original land owner.
Legal Category Hierarchy
Table of Contents
2. Whether land acquisition proceedings lapse upon non-payment of compensation to land owners. (Para 3 )
3. Non-payment of compensation to land owners results in the lapsing of land acquisition proceedings. (Para 3 )
4. Land acquisition proceedings lapse if compensation is not paid to the land owners. (Para 3 )
5. Appeal dismissed — Liberty granted to initiate fresh acquisition proceedings under Section 24(2) of the 2013 Act within six months. (Para 3 , 4 , 5 )
6. What is the effect of non-payment of compensation to land owners on acquisition proceedings?
If compensation has not been paid to the land owners, the land acquisition proceedings lapse. (Para 3 )
7. What remedy is available to an acquirer when land acquisition proceedings have lapsed?
The acquirer may exercise liberty under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to initiate acquisition proceedings afresh. (Para 4 )
8. What is the consequence if fresh acquisition proceedings are not initiated within the court-mandated period?
If no fresh acquisition proceedings are initiated by issuing a Notification under Section 11 of the Act within the specified period, the appellant must return physical possession of the land to the original land owner. (Para 5 )
JUDGMENT :
Kurian, J.
1. Delay condoned.
2. Leave granted.
3. Admittedly, the compensation has not been paid to the land owners. Therefore, the High Court is right in its conclusion that the proceedings have lapsed. This appeal is, accordingly, dismissed.
4. However, in the peculiar facts and circumstances of this case, the appellant is given a period of six months to exercise its liberty granted under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for initiation of the acquisition proceedings afresh.
5. We make it clear that in case no fresh acquisition proceedings are initiated within the said period of one year from today by issuing a Notification under Section 11 of the Act, the appellant, if in possession, shall return the physical possession of the land to the original land owner.
6. Pending applications, if any, stand disposed of. No costs.
