IMPORTANT POINT
Lapse of land acquisition proceeding – To attract Section 24(2) of Act, 2013 twin conditions of not taking possession and not tendering/payment of compensation are required to be satisfied.

JUDGMENT :

M. R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 03.07.2017 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Misc. Bench No.4149 of 2006 by which the High Court has allowed the said writ petition to the extent of Plot No.219, 1 bigha, 10 biswa and 10 biswansi, Village Malesemau, Tehsil & District Lucknow and has declared that the acquisition with respect to the said land is deemed to have lapsed under Sub-section (2) of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Act 2013’), the Lucknow Development Authority has preferred the present appeal.

2. Having heard the learned counsel appearing on behalf of the respective parties including Shri R. Basant, learned Senior Advocate appearing on behalf of the subsequent purchasers and having considered the decision of this Court in the case of Indore Development Authority Vs. Manoharlal and Ors., (2020) 8 SCC 129 and as it is reported that the possession of the land in question was already taken over in 2003, delay caused in preferring the appeal condoned which as such was already condoned vide earlier order dated 25.11.2022.

3. Before the High Court the original writ petitioners questioned the acquisition proceedings in relation to separate plots of land belonging to them, however during pendency of the writ petition an application was filed in the writ petition restricted to the plot no.219 only area 1 bigha, 10 biswa and 10 biswansi of village Malesemau, Tehsil & District Lucknow.

3.1 From the impugned judgment and order passed by the High Court and even taking into consideration the counter affidavit filed on behalf of the respondent nos. 2 and 3 Collector and the Lucknow Development Authority filed before the High Court, it appears that it was the specific case on behalf of the appellant -Authority that the possession of the land in question was duly taken on 13.02.2003 by the Special Land Acquisition Officer and was delivered to the Lucknow Development Authority vide Possession Certificate dated 13.02.2003. It was also stated that the compensation has now been deposited in the Court of District Judge under Section 30(2) of the Land Acquisition Act, 1894. Without discussing anything on the possession taken by the Special Land Acquisition Officer delivered to the Lucknow Development Authority on 13.02.2003, thereafter the High Court has allowed the writ petition and has declared the acquisition with respect to the land in question deemed to have lapsed under Section 24(2) of the Act, 2013 solely on the ground that the compensation was not tendered/paid to the original land owners under Section 30(2) of the Land Acquisition Act, 2013 at the time when the Act, 2013 came into force. However, the fact remains that the possession of the land in question as per the Land Acquisition Officer and the Lucknow Development Authority was duly taken on 13.02.2003 and was delivered to the Lucknow Development Authority on 13.02.2003 itself. That once the possession was taken much prior to Act 2013 came into force. As per the law laid down by this Court in the case of Indore Development Authority (supra), it cannot be said that the land proceedings are deemed to have lapsed. As per the law laid down by this Court to attract Section 24(2) of the Act, 2013 twin conditions of not taking possession and not tendering/payment of compensation are required to be satisfied. As per the law laid down by this Court in the aforesaid decision if one of the conditions is not satisfied, the acquisition proceedings are not deemed to have been lapsed under Section 24(2) of the Act, 2013.

3.2 In paragraph 366 the Constitution Bench of this Court has observed and held as under :-

366. In view of the aforesaid discussion, we answer the questions as under :

366.1. Under the provisions of Section 24(1) (a) in case the award is not made as o