M. R. SHAH, C. T. RAVIKUMAR
Land and Building Department through Secretary, Delhi – Appellant
Versus
Mahipal Singh – 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. 11238 of 2015 by which the High Court has allowed the said writ petition and has declared that the land 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 Another have preferred the present appeal.
2. From the impugned judgment and order passed by the High Court and even from the counter affidavit filed on behalf of the Land Acquisition Collector filed before the High Court, which is reproduced by the High Court in the impugned judgment and order in paragraph 6, it was the specific case on behalf of the appellants that the possession of the land in question was taken over on 03.12.2012 after preparing possession proceeding on the spot and was handed over to the beneficiary department, i.e. D
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.
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....
Land acquisition proceeding will not lapse where possession of land could not be taken by authority due to pending litigation/stay.
Possession taken or compensation paid prevents a lapse under Section 24(2) of the Act, 2013.
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.
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 lapsing of acquisition under Section 24(2) of the Act, both possession not taken and compensation not tendered are required to be satisfied.
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 – 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....
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