M. R. SHAH, MANOJ MISRA
Government of NCT of Delhi – Appellant
Versus
Jai Pal – 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. 4776 of 2015 by which the High Court has allowed the said writ petition 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 Government of NCT of Delhi and Ors. have preferred the present appeal.
2. From the impugned judgment and order passed by the High Court, it appears that it was the specific case on behalf of the appellants herein – original respondents that the possession of the land in question was taken on 11.07.2008. However, thereafter without going into the controversy of physical possession, the High Court has allowed the writ petition and has declared that the acquisition with respect to the land in question is deemed to have lapsed under Section 24(2) of the Act, 2013 relying upon t
Indore Development Authority Vs. Manoharlal and Ors. (2020) 8 SCC 129 – Applied [Para 2.1]
Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors.
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....
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.
Non-deposit of compensation in court does not result in the lapse of land acquisition proceedings.
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 ....
For lapsing of acquisition under Section 24(2) of the Act, both possession not taken and compensation not tendered are required to be satisfied.
Possession taken or compensation paid prevents a 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....
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 of land taken or compensation paid prevents a lapse under Section 24(2) of the Act, 2013.
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