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MANMOHAN, ASHA MENON
Ramesh Chand – Appellant
Versus
Govt Of NCT Delhi & Ors – Respondent
JUDGMENT
Manmohan, J.
CM APPL. 13525/2021 (Exemption)
Exemption allowed, subject to all just exceptions.
W.P. (C) No. 4420/2021 & CM APPL. 13524/2021 (Stay)
1. Present writ has been filed challenging the acquisition proceedings by respondents in respect of petitioner s land admeasuring 77 bigha 08 biswa situated at Khasra No. (0-06), Revenue Estate of Village Basai Darapur, New Delhi under the Land Acquisition Act, 1894.
2. Learned Counsel for the Petitioner submits that the above acquisition has lapsed in view of Section 24 (2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act. He states that the award in respect of the land of the petitioner was made in the year 1997. He, however emphasises that, till date, neither the compensation amount has been paid to the petitioner or the other co-owners under section 31 (1) of the Land Acquisition Act, 1894 nor has it been deposited in the Court as mandated under Section 31 (2) of the said Act.
3. He states that the present petition has been filed in view of the leave granted by the learned predecessor Division Bench vide order dated 20th November, 2018 in WP (C) No. 4546/2015.
4. Learne
The central legal point established in the judgment is that the lapse of land acquisition is contingent upon the non-possession of land and non-payment or non-deposit of compensation, as clarified by....
Land acquisition does not lapse under Section 24(2) if possession has been taken and compensation remains unpaid, emphasizing the need for clear ownership to claim relief.
Lapse of land acquisition proceeding – Once possession has been taken there is no lapse under Section 24(2) of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement ....
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....
The application of Section 24(2) of the Act, 2013 does not revive stale claims or reopen concluded proceedings but applies to pending proceedings as on its enforcement date.
Possession taken or compensation paid prevents a lapse under Section 24(2) of the Act, 2013.
Lapse of land acquisition proceeding – If acquiring body/beneficiary was not able to take possession due to pending litigation in a proceeding initiated by land owner, thereafter land owner cannot be....
Non-tendering of compensation does not lead to lapse of acquisition proceedings if possession has been taken over as per Section 24(2) of Act 2013.
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.
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