Acquisition proceedings lapse under Section 24(2) of the 2013 Act if neither possession is taken nor compensation is paid.

JUDGMENT :

(Per M. S. Sonak, J)

1. Heard learned counsel for the parties.

2. The Petitioner Nos.1 to 1(d) are the owners of the property bearing Gat No.683, slab area admeasuring 0 Hectares 40 Are, and the Petitioner Nos. 2 to 2(b) are the owners of the property bearing Gat No. 275, slab area admeasuring 0 Hectares 40 Are, situated at village Sonaichiwadi, Taluka Patan, District Satara (collectively referred to as “the said properties”).

3. The said properties were acquired vide Award dated 25 February 2001 under the provisions of the Land Acquisition Act, 1894 (“1894 Act”). Upon coming into force of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (“2013 Act”), the Petitioners, by instituting this petition, challenged the acquisition invoking Section 24(2) of the 2013 Act because neither was any compensation paid to the Petitioners nor was the possession of the said properties taken over from the Petitioners under the Award dated 25 February 2001 (Award). This Writ Petition was allowed by a common judgment and order dated 02 May 2017, and the land acquisition proceedings were declared lapsed.

4. The Respondents 7 to 9, claiming that the said properties had been allotted to them by the State Government, challenged this Court’s judgment and order dated 02 May 2017 in Writ Petition No.5854 of 2015 by instituting Petition for Special Leave to Appeal No.4551 of 2018.

5. The Hon’ble Supreme Court allowed the appeal by order dated 21 October 2024 and made the following order:-

“Special Leave to Appeal (C) No(s). 4551/2018

1 It is submitted by the learned counsel for the petitioner(s) and not disputed by the counsel appearing for the State as also for the private respondents, that the issue involved in the instant petition(s) is squarely covered by the judgment of the Constitution Bench in Indore Development Authority v. Manoharlal & ORS reported in (2020) 8 SCC 129 .

2 In view of the above submission, the matter(s) is remitted to the High Court for fresh consideration in the Light of the Judgment in the case of Indore Development Authority (supra).

3 It is clarified that all legal contentions are kept open to be raised by both the parties, as may be permissible.

4. The special leave petition is disposed of accordingly.

5 Pending application(s), if any, shall stand closed.”

6. According to the remand by the above order, this matter was placed before us on 24 January 2025. On this date, Mr. Dorman Dalal, the learned counsel for the Petitioners, pointed out that this Petition was disposed of by this Court by judgment and order dated 02 May 2017 as modified by order dated 19 July 2017. Therefore, he wondered why the matter was again on board. Upon our appraising him of the Hon’ble Supreme Court’s order dated 21 October 2024, Mr Dalal applied for an adjournment to obtain instructions from the Petitioners. Upon his request, the matter was posted on 21 February 2025 after clarifying that we would not entertain any further request for adjournment. On this date, Mr. Samant, the learned Additional Government Pleader, sought leave to file an Additional Affidavit. He stated that this Additional Affidavit was necessary to address the limited issue of the State taking over possession of the acquired land. Leave was granted to file the Affidavit. The Affidavit was directed to be filed and served by 07 February 2025, and the matter was posted on 21 February 2025 for disposal.

7. On 21 February 2025, Mr. Amol Gatne appeared for the Petitioners. On this date, we passed the following order: -

“1. Writ Petition Nos. 5855 of 2015 and 5856 of 2015 are already disposed of. Therefore, they should not be shown as tagged with Writ Petition No. 5854 of 2015.

2. Mr Gatne points out that Petitioner No. 1b in Writ Petition No. 5854 of 2015 has expired. Accordingly, leave is granted to bring his heirs on record. Necessary amendment to be carried out before the next date. Reverification is dispensed with Mr Gatne states