NITIN JAMDAR, S. MANU
State of Kerala, Represented by Its Secretary to Government, Public Works Department – Appellant
Versus
Scaria Mathew, S/o. Mathew – Respondent
JUDGMENT :
Nitin Jamdar, C.J.
Heard Mr. V. Tekchand, learned Senior Government Pleader for the Appellants.
2. The Respondents/Original Petitioners filed W.P.(C)No.1249 of 2014 for a prayer of declaration and consequential order of injunction as regards the lapsing of the subject property as per Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act of 2013).
3. The subject property is land in Re-Sy. Nos.677/11-3 and 677/20-3 of Nattakom Village of Kottayam Sub Registry. According to the Respondents/Original Petitioners, the notification was issued under Section 4(1) of the Land Acquisition Act, 1894 (Act of 1894) on 9 December 2004. The notification under Section 6 was published on 20 January 2006. Award under Section 11 was declared on 17 November 2007. The Original Petitioners in W.P.(C)No.1249 of 2014 contended that in the light of Section 24(2) of the Act of 2013, since the award under Section 11 of the Act of 1894 was made prior to five years and compensation not paid, the acquisition proceedings are deemed to have lapsed.
4. The learned Single Judge, in the impugned judgment dated 31 July 2017 following
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.
Interpretation of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 regarding deemed lapse due to non-payment or non-poss....
The interpretation of Section 24(2) requires both possession and compensation to be considered for deeming land acquisition proceedings as lapsed.
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....
For lapsing of acquisition under Section 24(2) of the Act, both possession not taken and compensation not tendered are required to be satisfied.
Lapse of land acquisition proceeding – Original writ petitioner cannot be permitted to take benefit of his own conduct/wrong.
Possession taken or compensation paid prevents a lapse under Section 24(2) of the Act, 2013.
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.
Lapse of land acquisition proceeding – If compensation has not been paid due to inter se dispute between co-owners, thereafter, it will not be open for landowners to make a grievance that once compen....
Lapse of land acquisition proceeding – In case possession has been taken, compensation has not been paid then there is no lapse – Similarly, if compensation has been paid, possession has not been tak....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.