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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Ramesh Chand – Appellant
Versus
Govt. of NCT Delhi – Respondent
| Table of Content |
|---|
| 1. challenge to land acquisition proceedings. (Para 1) |
| 2. petitioner argues acquisition lapsed due to non-payment. (Para 2 , 4) |
| 3. court finds no grounds for relief. (Para 5 , 6 , 7) |
| 4. writ petition dismissed. (Para 8) |
JUDGMENT
Manmohan, J. (Oral):
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 Co
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.
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....
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.
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....
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....
Possession taken or compensation paid prevents a lapse under Section 24(2) of the Act, 2013.
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.
Lapse of land acquisition proceeding – Subsequent purchaser is not entitled to claim lapsing of proceedings under Act, 2013.
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