M. R. SHAH, C. T. RAVIKUMAR
Government of NCT of Delhi – Appellant
Versus
Karampal – 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. 1202 of 2017 by which the High Court has allowed the said writ petition preferred by the original writ petitioner – subsequent purchaser and has declared that the acquisition proceedings initiated under the Land Acquisition Act, 1894 (hereinafter referred to as “Act, 1894”) with regard to the land in question 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 and Anr. have preferred the present appeal.
2. From the impugned judgment and order passed by the High Court, it appears that it was the specific case on behalf of the appellants and so stated in the counter affidavit before the High Court that the possession of the land in question was taken over on 17.09.2008 and even the name of the Government was mutated in the revenue records. However, thereafter and despite the above, solely relying upon the decision of this Court in the case o
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....
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.
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 – Subsequent purchaser has no right to claim lapse of acquisition proceedings.
For lapsing of acquisition under Section 24(2) of the Act, both possession not taken and compensation not tendered are required to be satisfied.
Land acquisition proceeding will not lapse where possession of land could not be taken by authority due to pending litigation/stay.
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.
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....
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