Case Note & Summary
The petitioners, owners of 2/3rd share in Survey No.4/12 and other survey numbers at Thergaon, Pune, filed a writ petition under Article 226 of the Constitution of India seeking a declaration that the land acquisition proceedings initiated by an award dated 28.09.1986 had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. They contended that neither possession of the land was taken nor compensation was paid to them, and therefore the acquisition should be deemed to have lapsed. The respondents, including the Special Land Acquisition Officer, the Collector, the Commissioner, the Pimpri-Chinchwad New Township Development Authority, and the State of Maharashtra, opposed the petition, arguing that possession was taken on the date of the award itself and compensation was duly paid. The Court examined the record, including the award and revenue entries, and found that possession of the land was taken on 28.09.1986, the same day the award was made. The revenue records indicated that the land vested in the acquiring authority. Additionally, the Court noted that compensation was paid to the petitioners, who had accepted it without any protest. The Court held that since both possession and compensation were effected, the conditions for lapse under Section 24(2) were not satisfied. The petition was dismissed, and the acquisition proceedings were upheld.
Headnote
A) Land Acquisition - Lapse of Acquisition Proceedings - Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The petitioners sought declaration that acquisition of their land had lapsed under Section 24(2) of the 2013 Act, contending that neither possession was taken nor compensation was paid. The Court examined the record and found that possession was taken on 28.09.1986 and compensation was paid to the petitioners. Held that since both possession and compensation were effected, the acquisition did not lapse under Section 24(2). (Paras 1-14) B) Land Acquisition - Possession - Taking of Possession - Section 24(2) of the 2013 Act - The Court noted that the award was made on 28.09.1986 and possession was taken on the same day. The petitioners' claim that they continued in possession was not supported by evidence. The revenue records showed that the land vested in the acquiring body. Held that possession was validly taken. (Paras 6-10) C) Land Acquisition - Compensation - Payment of Compensation - Section 24(2) of the 2013 Act - The Court found that compensation was paid to the petitioners as per the award. The petitioners had accepted the compensation without protest. Held that compensation was paid, and thus the acquisition did not lapse. (Paras 11-13)
Issue of Consideration
Whether the land acquisition proceedings in respect of the petitioners' land have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, on the ground that neither possession was taken nor compensation was paid.
Final Decision
The petition is dismissed. The Court held that possession was taken and compensation was paid, and therefore the acquisition did not lapse under Section 24(2) of the 2013 Act.
Law Points
- Section 24(2) of the 2013 Act
- land acquisition lapse
- possession taken
- compensation paid
- award date 28.09.1986
- five-year period
- deemed lapse
- Article 226 of the Constitution of India
