M. R. SHAH, C. T. RAVIKUMAR
Delhi Development Authority – Appellant
Versus
Dewan Chand Pruthi – 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. 609 of 2016 by which the High Court has allowed the said writ petition preferred by the respondent No. 1 herein 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 Delhi Development Authority has preferred the present appeal.
2. We have heard the learned counsel appearing on behalf of the respective parties at length and perused the impugned judgment and order passed by the High Court.
2.1 From the impugned judgment and order passed by the High Court, it is evident that before the High Court, it was the specific case on behalf of the Land Acquisition Collector (LAC) and so stated in the counter affidavit in paragraph 8 that since the Hon’ble High Court had granted stay against dispossession, therefo
Possession not being taken due to a court stay does not entitle the landowner to claim benefit under Section 24(2) of Act 2013.
Land acquisition proceeding will not lapse where possession of land could not be taken by authority due to pending litigation/stay.
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.
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....
Obtaining a stay on possession precludes landowners from claiming lapse under Section 24(2) of the Act, 2013.
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 taken or compensation paid prevents a lapse under Section 24(2) of the Act, 2013.
For lapsing of acquisition under Section 24(2) of the Act, both possession not taken and compensation not tendered are required to be satisfied.
The interpretation and application of Section 24(2) of the Act, 2013 are crucial in determining whether there is a deemed lapse of land acquisition proceedings based on possession, compensation, and ....
Non-deposit of compensation in court does not result in the lapse of land acquisition proceedings.
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