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RAVI SHANKER JHA, ARUN PALLI
Bhim Singh – 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 notifications issued under Sections 4 & 6 of the Land Acquisition Act, 1894 dated 04.11.1977 and 01.11.1980, respectively; followed by the award dated 02.09.1986, thereby acquiring the land for a public purpose, namely, for development and utilization of land as Residential areas in Sector 34 of Faridabad-Ballabgarh Controlled Area; qua the land of the petitioners 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 provisions 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 Hon'ble Supreme Court of India. The controversy was finally put at rest by the Constitution Bench of the Hon'ble Supreme Court of India in Indore Development Authority Vs. Manohar Lal and others AIR 2020 SC 1496 penultimate paragraph of which is reproduced here in below:-
'....1. Under the pr
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 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 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 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 tendering of compensation discharge the state's obligation, and the land essential for public purpose cannot be released from acquisition.
The satisfaction of either taking possession or payment of compensation would prevent the lapse of acquisition proceedings under Section 24(2) of the Act, 2013. Stale and dead claims relating to conc....
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....
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