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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MAHESH CHANDRA TRIPATHI, VINOD DIWAKAR
Ashok Kumar – Appellant
Versus
State Of UP – Respondent
JUDGMENT :
Mahesh Chandra Tripathi, J.
1. Heard Shri Rajesh Mishra and Shri Abhijeet Mukherji, learned counsels for the petitioners, Shri Devesh Vikram and Shri Shuresh Singh, learned Additional Chief Standing Counsels and Shri Fuzail Ahmad Ansari, learned Standing Counsel for the State-respondents and Shri M.C. Chaturvedi, learned Senior Advocate assisted by Shri J.N. Maurya and Shri Shiv Prakash Gupta, learned counsels for the respondent - Meerut Development Authority.
2. Since all the aforesaid writ petitions involve a common legal issue concerning the applicability of Section 24(2) and Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and with the consent of learned counsel for the parties, the petitions have been clubbed together, heard analogously, and are being disposed of by this common judgment.
3.1 The Writ-C No. 20190 of 2023 has been filed, praying inter alia seeking issue a writ, order or direction in the nature of Mandamus commanding respondent Nos. 1 to 3 to return and re-convey the petitioners’ land ad-measuring 0.2530 hectares, comprised in Khasra No. 708, situated at Village Abdullapur, Parga
Acquisition of land does not lapse if possession is taken and compensation is deposited; previous participation in proceedings bars new claims, and inordinate delays disqualify relief under Article 2....
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....
Once possession is taken by the State after acquisition, the land vests in the State free from all encumbrances. The deposit of compensation in the Government Treasury prior to the enforcement of the....
Land Acquisition – Possession not taken - Lapse of proceedings – stale and dead claims cannot be permitted to be canvassed on the pretext of enactment of Section 24
Lapse of land acquisition proceeding – When acquisition proceedings were subject matter of litigation and because of that authority could not take possession of lands in question and as such not taki....
Lapse of land acquisition proceeding – If compensation has not been paid due to inter se dispute between co-owners, thereafter, it will not be open for landowners to make a grievance that once compen....
(1) Courts should adjudicate on all issues and give its findings on all issues and not to pronounce judgment only on one of issues.(2) Lapse of land acquisition proceeding – There being delay in pass....
Lapse of land acquisition proceeding – Original writ petitioner cannot be permitted to take benefit of his own conduct/wrong.
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