M. R. SHAH, C. T. RAVIKUMAR
Land Acquisition Collector – Appellant
Versus
Jai Prakash Tyagi – 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. 2198 of 2015, by which, the High Court has allowed the said writ petition and has declared that the acquisition proceedings with respect to the subject lands in question comprised in Khasra Nos. 35/2/2 (6-04), 36/2/2 (4-13) and 40/2/2 (5-01) total measuring 15 bighas 18 biswa situated in revenue estate of village Wazirabad are 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 Land Acquisition Collector, New Delhi has preferred the present appeal.
2. From the impugned judgment and order passed by the High Court and from the counter affidavit filed on behalf of the LAC (Land Acquisition Collector) before the High Court, it appears that it was the specific case on behalf of the LAC that the possession of Khasra No. 35/2/2 measuring 6 bighas 04 biswa was taken over on 22.09.1997; as regards Khasra No. 36/2/2 measuring 4 bighas 13 biswa possession was taken over in respect
Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and Ors.
Lapse of land acquisition proceeding – Original writ petitioner cannot be permitted to take benefit of his own conduct/wrong.
Land acquisition proceeding will not lapse where possession of land could not be taken by authority due to pending litigation/stay.
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....
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....
Possession of land and payment of compensation are crucial factors in determining whether there is a lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, ....
The interpretation of Section 24(2) requires both possession and compensation to be considered for deeming land acquisition proceedings as lapsed.
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 ....
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.
Non-payment or non-deposit of compensation does not lead to a lapse if possession has been taken or if compensation has been paid.
Non-deposit of compensation in court does not result in the lapse of land acquisition proceedings.
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