Case Note & Summary
The dispute arose from a land acquisition initiated under the Land Acquisition Act, 1894, with a notification dated 17.06.2005 and declaration under Section 6 on 31.05.2006, covering land in Village Mundaka. The award was declared on 31.05.2007. The respondent, a subsequent purchaser, acquired 275 square yards of the land via documents dated 11.05.2010, after the acquisition proceedings. The respondent filed a writ petition before the High Court of Delhi, seeking a declaration that the acquisition had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, on grounds of non-payment of compensation. The appellant, Delhi Development Authority, contested this, asserting that possession was taken on 15.12.2007 and that the respondent lacked locus standi as a subsequent purchaser. The High Court allowed the writ petition, declaring the acquisition lapsed. The core legal issues were whether the respondent had locus standi to challenge the acquisition and whether the acquisition had lapsed under Section 24(2) of the 2013 Act. The appellant argued that subsequent purchasers cannot challenge acquisition, citing precedents like Shiv Kumar & Anr. vs. Union of India & Ors., and that possession had been taken, precluding lapse under the Constitution Bench decision in Indore Development Authority vs. Manoharlal and others. The respondent's arguments were not detailed in the text. The Supreme Court analyzed the law, holding that subsequent purchasers lack locus standi to challenge acquisition or claim lapsing, as established in prior cases. It further applied the interpretation from Indore Development Authority, which clarified that under Section 24(2), lapse occurs only if neither possession is taken nor compensation paid for five years or more before the 2013 Act. Since possession was taken on 15.12.2007, the court found no lapse. The court concluded that the High Court erred both on locus standi and merits, quashing the impugned order and dismissing the original writ petition, thereby allowing the appeal.
Headnote
A) Land Acquisition Law - Locus Standi - Subsequent Purchaser - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - A subsequent purchaser who acquired rights in land after acquisition proceedings and award declaration lacks locus standi to challenge acquisition or claim lapsing under Section 24(2) - Held that the High Court erred in entertaining the writ petition by such purchaser, making the impugned order unsustainable (Paras 2.3-2.4). B) Land Acquisition Law - Deemed Lapse - Section 24(2) Interpretation - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Under Section 24(2), acquisition proceedings lapse only if both possession has not been taken and compensation has not been paid for five years or more prior to the 2013 Act - Applying Indore Development Authority, since possession was taken on 15.12.2007, there is no lapse even if compensation was unpaid - Held that the High Court's declaration of lapse was unsustainable on merits (Paras 2.5-2.7).
Issue of Consideration
Whether the High Court erred in entertaining a writ petition by a subsequent purchaser to declare land acquisition lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and whether the acquisition had indeed lapsed
Final Decision
Appeal allowed; impugned judgment and order of High Court quashed and set aside; original writ petition filed by respondent stands dismissed; no costs
Law Points
- Subsequent purchaser lacks locus standi to challenge land acquisition or claim lapsing under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
- Land acquisition proceedings do not lapse under Section 24(2) if possession has been taken even if compensation is not paid
- as per Constitution Bench interpretation
