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IN THE HIGH COURT OF DELHI AT NEW DELHI
NITIN WASUDEO SAMBRE, ANISH DAYAL
Rameshwar Singh Tanwar, Late Shri Mohan Lal – Appellant
Versus
Union Of India, Through Land Acquisition Collector – Respondent
| Table of Content |
|---|
| 1. background of land acquisition proceedings. (Para 2 , 3) |
| 2. claim of lapsed acquisition under section 24. (Para 4 , 18 , 19) |
| 3. arguments for and against the lapsed acquisition claim. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. court's observations on the facts and prior litigation. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. analysis of statutory requirements under section 24. (Para 20 , 21 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. final dismissal of the petition. (Para 30 , 31) |
JUDGMENT :
NITIN WASUDEO SAMBRE, J.
1. Heard finally by consent of parties through their counsel.
2. The prayer in the petition is for issuance of order or direction thereby declaring the acquisition proceedings initiated in respect of land of the petitioners bearing Khasra No. 2341 admeasuring 4 bighas 14 biswas in village Basai Dara Pur, Delhi having lapsed in view of Sub- Section (2) of Section 24 of RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT , 2013 (hereinafter shall be referred to as ‘Act of 2013’ for the sake of brevity). The petitioners have further sought an injunction restraining the respondents from interfering with the peaceful possession and
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 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.
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'.
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