IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S. Sonak, Jitendra Jain, JJ
Geeta Vijay Deshapnde – Appellant
Versus
The State Of Maharshtra – Respondent
JUDGMENT :
MS Sonak, J.
1. Heard learned counsel for the parties.
2. Rule in each of these Petitions. The rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties.
3. The learned counsel for the parties agree that substantially common issues of law and fact arise in these Petitions. Therefore, these petitions could be disposed of by a common order.
4. Initially, these Petitions were filed to obtain a declaration that the proceedings for the acquisition of the Petitioners’ lands have lapsed, given the provisions of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“the said Act”). However, after the decision of the Hon’ble Supreme Court in the case of Indore Development Authority Vs. Manoharlal and others, etc. , [ AIR 2020 SC 1496 ], the Petitions were amended, and the Petitioners have sought a direction in terms of Section 24(2) of the said Act for determination and payment of compensation under the said Act, instead of compensation under the Land Acquisition Act, 1984, under which the acquisition proceedings had commenced. Mr. Pawar, the learned counsel
Indore Development Authority Vs. Manoharlal and others, etc.
Pune Municipal Corporation & Anr vs. Harakchand Misrimal Solanki & ors.
The court ruled that possession taken negates the lapse of acquisition proceedings, entitling Petitioners to compensation under the Right to Fair Compensation and Transparency in Land Acquisition Act....
The physical possession of the land and tendering of compensation discharge the state's obligation, and the land essential for public purpose cannot be released from acquisition.
The petition under Section 24(2) of the Act of 2013 must meet the gap period of five years, and the physical possession and compensation tender must be valid. The essentiality of the land for public ....
Land acquisition proceedings lapse under Section 24(2) when compensation is not paid and possession is not taken for over five years, clarifying definitions of 'paid' and 'deposited'.
Land acquisition proceedings do not lapse under Section 24(2) if compensation is deposited in court, even if possession is not taken, unless the landowners can prove deprivation of compensation.
The main legal point established in the judgment is that for the acquisition proceedings to lapse under Section 24(2) of Act of 2013, both the contingencies of non-possession and non-payment of compe....
The acquisition process does not lapse under section 24(2) of the 2013 Act if compensation has been tendered to the landowners and possession of the land has been taken by the acquiring authority.
Lapse of land acquisition proceeding – After acquisition of land and passing of award, land vests in State free from all encumbrances – Vesting of land with State is with possession – Any person reta....
Land acquisition - No notice was issued to the writ petitioners before compensation amount was deposited by way of revenue deposit, the same would not result in compensation being payable in terms of....
The main legal point established in the judgment is that for lapsing of acquisition proceedings under Section 24(2) of the Act of 2013, both the conditions of physical possession and payment of compe....
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