ARUN MISHRA, ADARSH KUMAR GOEL, MOHAN M.SHANTANAGOUDAR
Indore Development Authority – Appellant
Versus
Shailendra (Dead) Through LRs. – Respondent
JUDGMENT :
Arun Mishra, J.
1. In Indore Development Authority v. Shailendra (Dead) through LRs. & Others [C.A No.20982 of 2017] correctness of the decision of Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki [2014 (3) SCC 183] has been doubted. The main issue is interpretation of section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the Act of 2013’) and section 31 of the Land Acquisition Act, 1894 (for short, ‘the Act of 1894’).
2. In Yogesh Neema & Ors. v. State of M.P. & Ors. [S.L.P. [C] No.10742 of 2008] vide order of 12.1.2016, observing that other question, that may arise undoubtedly to be considered question Nos. IV and V have been referred.
Following questions arises for consideration:
I. What is the meaning of the expression ‘paid'/ ‘tender' in Section 24 of the Act of 2013 and section 31 of the Act of 1894? Whether non-deposit of compensation in court under section 31(2) of the Act of 1894 results into a lapse of acquisition under section 24(2) of the Act of 2013. What are the consequences of non-deposit in Court especially when compensation has been tendered and refused under
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