For a deemed lapse of land acquisition proceedings under Section 24(2) of Act 2013, both possession of land must not have been taken, nor compensation paid.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 16.11.2017 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 3158 of 2015 by which the High Court has allowed the said writ petition preferred by the respondent no. 1 herein-original writ petitioner (now represented through his heirs) 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 “Act 2013”) the Government of NCT of Delhi has preferred the present appeal.

2. From the impugned judgment and order passed by the High Court it appears that while allowing the writ petition the High Court has relied upon and/or followed the earlier decision of this Court in the case of Pune Municipal Corporation and Another vs. Harakchand Misirimal Solanki and Others, (2014) 3 SCC 183 on the ground that the possession of the subject land could not be taken. It is required to be noted that before the High Court it was the specific case on behalf of the appellant that the land belongs to Gram Sabha and therefore the original writ petitioner had no locus to pray for declaration that the acquisition with respect to subject land is deemed to have lapsed by virtue of Section 24(2) of the Act, 2013. However, without deciding the question of ownership and keeping the same open, the High Court has entertained the said writ petition preferred by the respondent no. 1-original writ petitioner. At this stage, it is required to be noted that even before the High Court the learned counsel appearing on behalf of the original writ petitioner did not dispute that the land belongs to Gram Sabha. In that view of the matter when the land belongs to Gram Sabha which was even admitted on behalf of the original writ petitioner, the High Court ought not to have entertained the said writ petition at the instance of the original writ petitioner who was not even the recorded owner. Even the question with respect to the compensation to be paid would arise only in favour of recorded owner and/or in favour of a person who had a title.

2.1 Even otherwise it is required to be noted that the decision of this Court in the case of Pune Municipal Corporation and Another (supra), which has been relied upon by the High Court has been specifically overruled by the Constitution Bench of this Court in the case of Indore Development Authority vs. Manoharlal and Others, (2020) 8 SCC 129. In paragraphs 365 and 366, the Constitution Bench of this Court has observed and held as under:

“365. Resultantly, the decision rendered in Pune Municipal Corporation vs. Harakchand Misirimal Solanki, (2014) 3 SCC 183, is hereby overruled and all other decisions in which Pune Municipal Corporation vs. Harakchand Misirimal Solanki, (2014) 3 SCC 183, has been followed, are also overruled. The decision in Sree Balaji Nagar Residential Assn. vs. State of Tamil Nadu, (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 vs. 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 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 continu