M. R. SHAH, S. RAVINDRA BHAT
State of Haryana – Appellant
Versus
Sushila – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.12.2017 passed by the High Court of Punjab and Haryana at Chandigarh in CWP No.15720 of 2014 by which the High Court has allowed the said writ petition and has declared that the acquisition with respect 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 ‘the Act 2013’), the State of Haryana has preferred the present appeal.
2. At the outset, it is required to be noted that before the High Court it was the case on behalf of the private respondents herein original writ petitioners that the compensation with respect to the land in question has not been paid to them and even the possession of the lands in question is with them and therefore, in view of Section 24(2) of the Act, 2013 the acquisition with respect to the land in question is deemed to have lapsed as neither the possession has been taken over nor the compensation for the acquired land has been paid.
2.1 Before the High Court a written statement was filed by the La
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Lapse of land acquisition proceeding – Subsequent purchasers have no locus to challenge acquisition and/or lapsing of acquisition.
Lapse of land acquisition proceeding – If acquiring body/beneficiary was not able to take possession due to pending litigation in a proceeding initiated by land owner, thereafter land owner cannot be....
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....
A subsequent purchaser cannot challenge land acquisition if possession has been taken over before their purchase.
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.
Lapse of land acquisition proceeding – Subsequent purchaser is not entitled to claim lapsing of proceedings under Act, 2013.
Lapse of land acquisition proceeding – Once possession of subject land was taken over and in fact was put to use prior to 2013 Act came into force, there shall not be any deemed lapse of acquisition.
Lapse of land acquisition proceeding – Subsequent purchaser has no right to claim lapse of acquisition proceedings.
Lapse of land acquisition proceeding – Where actual physical possession of land is not capable of being taken due to illegal occupation by encroachers, there will be no lapsing of acquisition proceed....
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.
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