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RAVI SHANKER JHA, ARUN PALLI
Dharam Parkash – 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 29.11.2001 and 28.11.2002 respectively; followed by the award dated 24.11.2004, thereby acquiring the land for a public purpose, namely for the development and utilization of land as Residential, and Commercial Sector 58 Sonepat; qua the land of the petitioners comprised in Khasra No. 75//11/3 (3-3), 20(7-12) and 63//16(7-11) total measuring 18K 06M situated within the Revenue Estate of Village Nangal Kalan, Sub Tehsil Rai, District Sonepat; 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.
2. Owing to the controversy erupted as regards the interpretation of the provision of Section 24 (2) of the Act of 2013, like many other writ petitions, the proceedings in the instant petition were kept in abeyance awaiting the decision of the Supreme Court of India. The controversy was finally put at rest by the Constitution Bench of the Supreme Court of India in Indore
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 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 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 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.
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....
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....
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