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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
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 enjoyment of property of the petitioners referred above.
3. The facts which are necessary for deciding the present petition are as under:-
a. Khasra No. 2341 to the extent of 4 bighas 14 biswas in the record of rights of village Basai Dara Pur, Tehsil and District Delhi in Khewat No. 314, Khatauni No. 658 is shown to be in the ownership and possession of one Shri Mohan Lal s/o Shri Bhagwan. The said ownership was reflected way back in the year 1959. Shri Mohan Lal is the deceased
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'.
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 ....
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....
Once possession is taken by the State after acquisition, the land vests in the State free from all encumbrances. The deposit of compensation in the Government Treasury prior to the enforcement of the....
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 deposit of compensation in Government Treasury does not constitute non-payment under Section 24(2) of the Act of 2013, thus acquisition proceedings cannot lapse.
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....
Lapse of land acquisition proceeding – Period during which interim order passed by Court is/was operative, has to be excluded in computation of five years’ period.
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