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RAVI SHANKER JHA, ARUN PALLI
Sheo Ram – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Ravi Shanker Jha, C. J. - The instant petition has been filed claiming that the acquisition proceedings carried out vide the notifications issued under Section 4 & 6 of the Land Acquisition Act, 1894 dated 20.04.1990 and 18.04.1991 respectively; followed by the award dated 23.03.1993, thereby acquiring the land for a public purpose, namely for the development and utilization of land as Residential, Commercial, Institutional area, recreational zone and open space in Sector 44, 45 and 46, Gurugram; qua the land of the petitioners comprised in Khasra No. 23//23/1 measuring 2100 sq. yards situated within the Revenue Estate of Village Kanhai, Tehsil and District Gurugram; has lapsed in view of the provisions of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 (for short, 'the Act of 2013'). Though the prayer in the petition is only limited to lapsing of acquisition proceedings under Section 24 (2) of the Act of 2013, however, in the petition the petitioners have placed reliance on order dated 18.12.2002, 26.06.2012, 22.08.2012 to demonstrate that the respondents are discriminating with the petitioners
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....
The main legal point established in the judgment is that for the acquisition proceedings to lapse under section 24(2) of Act of 2013, both the conditions of physical possession and compensation payme....
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....
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 ....
The physical possession of the land and the tendering of compensation are essential conditions for the lapse of acquisition proceedings under Section 24(2) of the Act of 2013.
The main legal point established in the judgment is that for the acquisition proceedings to lapse under Section 24(2) of Act of 2013, both the contingencies of non-possession and non-payment of compe....
The main legal point established is that under Section 24(2) of the Act of 2013, the lapse of acquisition proceedings is contingent upon the non-payment of compensation and non-possession of the land....
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.
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