IMPORTANT POINT
Lapse of land acquisition proceeding – Once possession of land in question was taken over on 12.03.1981 then acquisition of land in question is not deemed to have lapsed under Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 30.05.2016 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 1399 of 2014, by which, the High Court has allowed the said writ petition and has declared that the land acquisition proceedings in respect of 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 has preferred the present appeal.

2. It is true that there is a huge delay in preferring the appeal which is vehemently opposed by Shri Neeraj Kishan Kaul, learned Senior Advocate appearing on behalf of the contesting respondent(s) – original writ petitioner, however, taking into consideration the other similar orders passed by different benches in condoning such delay in preferring the appeal challenging the order(s) passed by the very High Court declaring that the acquisition is lapsed under Section 24(2) of the Act, 2013 and taking into consideration the fact that while passing the impugned judgment and order the High Court has relied upon and/or followed the earlier decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., reported in (2014) 3 SCC 183 which has been overruled by the Constitution Bench of this Court in the case of Indore Development Authority Vs. Manoharlal and Ors., reported in (2020) 8 SCC 129 and the observations made in paragraph 365 which is reproduced hereinbelow, in which it is observed that all the decisions in which the decision in the case of Pune Municipal Corporation (supra) have been relied upon stand overruled, we condone the delay and consider the appeal on merits.

3. Having gone through the impugned judgment and order passed by the High Court and even as observed by the High Court in the impugned judgment and order, as such the possession of the land in question was taken over as far as back on 12.03.1981. However, thereafter relying upon the decision of this Court in the case of Pune Municipal Corporation (supra) on the ground that the compensation with respect to the land in question was not paid, the High Court has allowed the said writ petition and has declared that the acquisition in respect of the land in question is deemed to have lapsed under Section 24(2) of the Act, 2013.

4. The decision of this Court in the case of Pune Municipal Corporation (supra) relied upon by the High Court has been overruled by the Constitution Bench of this Court in the case of Indore Development Authority (supra). In paragraphs 365 and 366, it is observed and held as under: -

“365. Resultantly, the decision rendered in Pune Municipal Corpn. [Pune Municipal Corpn. v. Harakchand Misirimal Solanki, (2014) 3 SCC 183] is hereby overruled and all other decisions in which Pune Municipal Corpn. [Pune Municipal Corpn. v. Harakchand Misirimal Solanki, (2014) 3 SCC 183] has been followed, are also overruled. The decision in Sree Balaji Nagar Residential Assn. [Sree Balaji Nagar Residential Assn. v. State of T.N., (2015) 3 SCC 353] cannot be said to be laying down good law, is overruled and other decisions following the same are also overruled. In Indore Development Authority v. Shailendra [(2018) 3 SCC 412], the aspect with respect to the proviso to Section 24(2) and whether “or” has to be read as “nor” or as “and” was not placed for consideration. Therefore, that decision too cannot prevail, in the light of the discussion in the present judgment.

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 aw