M. R. SHAH, B. V. NAGARATHNA
Union of India – Appellant
Versus
Subhash Chander Sehgal – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 01.03.2016 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 1648 of 2015 whereby the High Court has declared that the acquisition proceedings with respect to the subject land had lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Act 2013’) the Union of India through Land Acquisition Collector and Another have preferred the present appeal.
2. We have heard Ms. Sujeeta Srivastava, learned counsel appearing on behalf of the appellants and Mr. S.K. Rout, learned counsel appearing on behalf of the respondent nos. 1 to 4.
3. The undisputed facts are that in the present case, the possession of the land in question was already taken over by the appropriate authority in the year 1987. It is also an admitted position that the subject land has been utilized way back in the year 1987 for a park by East Delhi Municipal Corporation. However, despite the above and relying upon the decisions of this Court in the case of Pune Municipal Corporation
Lapse of land acquisition proceeding – Landowners who had refused to accept compensation or who sought reference for higher compensation, cannot claim that acquisition proceedings had lapsed under Se....
Lapse of land acquisition proceeding – In case a person has been tendered compensation as provided under Section 31(1) of 1894 Act, it is not open to him to claim that acquisition has lapsed under Se....
Lapse of land acquisition proceeding – Once possession of land in question was taken over on 12.03.1981 then acquisition of land in question is not deemed to have lapsed under Section 24(2) of Right ....
Lapse of land acquisition proceeding – In case a person has been tendered compensation as provided under Section 31(1) of 1894 Act, it is not open to him to claim that acquisition has lapsed under Se....
Once possession is taken, there shall be no deemed lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013.
Land acquisition proceeding will not lapse where possession of land could not be taken by authority due to pending litigation/stay.
The possession of the land and payment of compensation are crucial in determining the lapse of land acquisition proceedings under Section 24(2) of the Act 2013.
The main legal point established in the judgment is the interpretation and application of Section 24(2) of the Act, 2013, regarding the lapse of acquisition proceedings and the rights of subsequent p....
Possession of land and payment of compensation are crucial factors in determining whether there is a lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, ....
Lapse of land acquisition proceeding – Subsequent purchaser has no right to claim lapse of acquisition proceedings.
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