M. R. SHAH, C. T. RAVIKUMAR
Government of NCT of Delhi – Appellant
Versus
Krishna Saini – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 10135 of 2015 by which the High Court has declared that the acquisition proceedings initiated under the Land Acquisition Act, 1894 (hereinafter referred to as “Act, 1894”) in respect of the subject land is deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “Act, 2013”), the Government of NCT of Delhi has preferred the present appeal.
2. We have gone through the impugned judgment and order passed by the High Court. Before the High Court, it was the specific case on behalf of the appellants -original respondents that the possession of the subject land was taken on 05.09.2002. The same was disputed by the original writ petitioners. However, thereafter, solely on the ground that the compensation has not been tendered and relying upon the decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183, the High Court has
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....
Possession of land taken or compensation paid prevents a lapse under Section 24(2) of the Act, 2013.
Section 24(2) of the Act, 2013 does not give rise to new cause of action to question concluded land acquisition proceedings.
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.
Land acquisition proceeding will not lapse where possession of land could not be taken by authority due to pending litigation/stay.
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....
Possession taken or compensation paid prevents a lapse under Section 24(2) of the Act, 2013.
Possession and compensation are crucial factors in determining whether land acquisition proceedings have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisit....
For a deemed lapse of acquisition under Section 24(2) of the Act 2013, both conditions regarding possession and compensation must be unsatisfied as per Indore Development Authority vs. Manoharlal.
For lapsing of acquisition under Section 24(2) of the Act, both possession not taken and compensation not tendered are required to be satisfied.
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