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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.SANDHAWALIA, C.J., BIPIN C.NEGI
Council of Scientific and Industrial Research (CSIR) – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
G. S. Sandhawalia, C.J.
The present set of appeals are directed against the common order of the learned Single Judge whereby 10 writ petitions lead case whereof was CWP No. 85 of 2008, titled as Council of Scientific and Industrial Research (CSIR) & Anr. vs. State of Himachal Pradesh & Ors., filed by the present appellants, were dismissed on 22.09.2016.
2. The learned Single Judge dismissed the writ petitions by placing reliance upon Section 24 of The RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT , 2013, which came into force on 01.01.2014, by holding that since the award had been passed on 08.07.1966 under the LAND ACQUISITION ACT , 1894, but the possession had not been taken, therefore, by virtue of Section 24 (2) of the LAND ACQUISITION ACT , 2013 the proceedings as such had lapsed by application of law as one of the conditions in the said proviso had not been fulfilled.
3. Reliance was placed upon the judgments of the Apex Court in Velaxan Kumar vs. Union of India & Ors., (2015) 4 SCC 325; The Working Friends Cooperative House Building Society Ltd. vs. The State of Punjab & Ors. JT 2015 (9) SC 357; Pawan Kumar Agga
No lapse of acquisition under Section 24(2) if compensation paid despite no possession; 30-year delay perfects adverse possession title, barring enforcement.
The main legal point established in the judgment is that under Section 24(2) of the Fair Compensation Act, the acquisition proceedings would lapse if the possession of the land was not taken and comp....
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....
The main legal point established in the judgment is that delay and laches in approaching the Court can lead to the dismissal of a writ petition, especially in cases where possession of the land has b....
Section 24(2) of the 2013 Act does not create a new cause of action to question finalized land acquisition proceedings where possession was taken and compensation paid.
The main legal point established in the judgment is that the acquisition proceedings did not lapse under Section 24(2) of the 2013 Act, as the appellant was prevented from taking possession due to in....
Once possession is taken and an award is passed, challenges to land acquisition proceedings are not maintainable, and remedies for compensation must be sought through reference proceedings.
Land acquisition proceedings under the 1894 Act lapse when both possession is not taken and compensation remains unpaid, as established in the Indore Development Authority case.
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.
The central legal point established in the judgment is the interpretation and application of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and R....
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