JUDGMENT

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 18.07.2017 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 5664 of 2014, by which, the High Court has allowed the said writ petition and has declared that the acquisition proceedings with respect to the land(s) 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 Delhi Development Authority have preferred the present appeals.

2. In the present case, the notification under Section 4 of the Land Acquisition Act, 1894 was issued as far back as on 23.01.1965. Award was declared on 09.01.1981. According to the Govt. of NCT of Delhi and as per the counter affidavit filed before the High Court, possession of the land in question was taken over and handed over to the beneficiary department on 23.09.1981. However, payment of compensation with respect to the land(s) in question could not be ascertained due to torn condition of the Naksha Muntzamin.

2.1 That after a period of approximately 24 years, from the date of passing of the Award and on the Act, 2013 coming into force, to take the benefit of the said Act, the respondent(s) herein – original writ petitioners filed the writ petition(s) before the High Court in the year 2014, for declaration that the acquisition with respect to the lands in question is deemed to have lapsed under Section 24(2) of the Act, 2013, contending, inter-alia, that full compensation in accordance with the Land Acquisition Act, 1894 was not tendered.

2.2 However, without taking into consideration the fact that possession of the lands in question was taken over and handed over to the beneficiary department on 23.09.1981, the High Court, by the impugned judgment and order has declared that the acquisition with respect to the lands in question is deemed to have lapsed to the extent of original writ petitioners share, as it appears from the counter affidavit that it cannot be clearly ascertained as to whether compensation in accordance with law was tendered to the land owners.

2.3 The view taken by the High Court is unsustainable in view of the decision of the Constitution Bench of this Court in the case of Indore Development Authority Vs. Manoharlal and Ors., (2020) 8 SCC 129. 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 on 1-1-2014, the date of commencement of the 2013 Act, there is no lapse of proceedings. Compensation has to be determined under the provisions of the 2013 Act.

366.2. In case the award has been passed within the window period of five years excluding the period covered by an interim order of the court, then proceedings shall continue as provided under Section 24(1)(b) of the 2013 Act under the 1894 Act as if it has not been repealed.

366.3. The word “or” used in Section 24(2) between possession and compensation has to be read as “nor” or as “and”. The deemed lapse of land acquisition proceedings under Section 24(2) of the 2013 Act takes place where due to inaction of authorities for five years or more prior to commencement of the said Act, the possession of land has not been taken nor compensation has been paid. In other words, in case possession has been taken, compensation has not been paid then there is no lapse. Similarly, if compensation has been paid, possession has not been taken then there is no lapse.

366.4. The expression “paid” in the main part of Section 24(2) of the 2013 Act does not include a deposit of compensation in court. The consequence of non-deposit is provided in the proviso to Section 24(2) in case it has not been deposited with respect to majority of landholdings the