Non-deposit of compensation in court does not result in the lapse of land acquisition proceedings under Section 24(2) of the 2013 Act, and Section 24(2) does not give rise to a new cause of action to question the legality of concluded proceedings of land acquisition.

JUDGMENT

Tejinder Singh Dhindsa, J. (Oral). - This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

CM-7431-CWP-2021

Prayer in the instant application is for disposal of the main writ petition, in view of judgment rendered by the Hon'ble Supreme Court in “Indore Development Authority vs. Manoharlal and others, AIR 2020 SC 1496”.

Notice was issued in the application.

Mr. Sandeep Sharma, Advocate for the non-applicants/petitioners has joined the proceedings and concedes that the issue raised in the main petition would be covered in terms of the judgment of the Apex Court in Manoharlal and ors' case (supra).

In view of the above and upon taking consent of the counsel for the parties, the date in the main case is preponed from 02.09.2021 and the same is taken up on Board today itself for final disposal.

Application disposed of.

CWP-7913-2017

Petitioners claim to be owners as co-sharers and in cultivating possession of land bearing Khewat No.20//9 (8-0), 10/1 (4-0), 11/1 (4-5), 12 (6-13), 13/1 (1-0) land admeasuring 23 Kanals 18 Marlas situated in the revenue estate of Village Tigra, Tehsil and District Gurugram.

Instant petition has been filed seeking the issuance of a writ of mandamus to direct the respondents to release land of the petitioners in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

It has been submitted that pertaining to the land in question, acquisition proceedings were initiated vide issuance of notification under Section 4 of the Land Acquisition Act, 1894 dated 03.03.2003 followed by the notification under Section 6 dated 02.03.2004. Thereafter, the award No.22 dated 29.12.2005 was passed and the acquisition was for a public purpose namely residential/commercial in Sectors 49 and 50, Gurugram.

The precise case set up on behalf of the petitioners is that they are still in physical possession of the property and have not received the compensation amount as yet. It is contended that on such basis, the acquisition proceedings are deemed to have lapsed under Section 24(2) of the 2013, Act (hereinafter to be referred as 2013 Act).

In the reply filed on behalf of the Land Acquisition Officer, Urban Estate Department, Gurugram, it has been averred in paragraph 4 that possession of land was taken vide Rapat No. 216 dated 29.12.2005 and the same was handed over to HUDA (now Haryana Shehri Vikas Pradhikaran).

Furthermore in para 5 of the reply, the categoric averments with regard to the compensation are in following terms.

“Total compensation amount of the awarded land i.e. Rs.5,48,70,876/- was available with LAC out of which the amount of Rs.73,73, 866/- has been disbursed to the land owners and the rest of the amount Rs.4,74,97,410/- is available for disbursement. As far as the compensation amount due to the petitioners is concerned, it has not been lifted by them and the petitioners are at liberty to receive the same. It is submitted that the compensation amount was duly tendered and the money was available at the time of announcement of award.”

The afore-noticed stand taken on behalf of the respondents has not met with any rebuttal by counsel representing the petitioners.

A Constitution Bench of the Supreme Court in “Indore Development Authority vs. Manoharlal and others, AIR 2020 SC 1496” has laid down as under:-

“245. The question which arises whether there is any difference between taking possession under the Act of 1894 and the expression “physical possession” used in Section 24 (2). As a matter of fact, what was contemplated under the Act of 1894, by taking the possession meant only physical possession of the land. Taking over the possession under the Act of 2013 always amounted to taking over physical possession of the land. When the State Government acquires land and draws up a memorandum of taking possession, that amounts to taking the physical possessio