M. R. SHAH, C. T. RAVIKUMAR
Land Acquisition Collector – Appellant
Versus
B. S. Dhillon – 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. 2916 of 2015 by which the High Court has allowed the said writ petition and has declared that the acquisition with respect to the land in question is deemed to have lapsed by virtue of 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 and Anr. have preferred the present appeal.
2. From the impugned judgment and order passed by the High Court, it appears that the award under Section 11 of the Land Acquisition Act, 1894 (hereinafter referred to as “Act, 1894”) with respect to the land in question was made as far as back on 19.06.1992. According to the appellants and so stated in the counter before the High Court, it was the specific case on behalf of the appellants that the possession of the land in question was taken on 21.04.2006 and was handed over to the DDA on the spot by preparing the possession proceedings. However, despite the above and relying upon the earlier
Non-deposit of compensation in court does not result in the lapse of land acquisition proceedings.
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 – Landowners who had refused to accept compensation or who sought reference for higher compensation, cannot claim that acquisition proceedings had 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 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, ....
Lapse of land acquisition proceeding – Fact that possession of land in question was taken over on 14.07.1987, there shall not be any deemed lapse of acquisition.
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 – Fact that possession of land in question was taken over on 21.04.2006, there shall not be any deemed lapse of acquisition.
The interpretation of Section 24(2) requires both possession and compensation to be considered for deeming land acquisition proceedings as lapsed.
Possession of land taken or compensation paid prevents a lapse under Section 24(2) of the Act, 2013.
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