Case Note & Summary
The dispute arose out of the acquisition of land for the Chaskaman Irrigation Project to rehabilitate project-affected persons. The petitioner in Writ Petition No.11150 of 2022, Namdev Bhagwan Khedkar, claimed that the acquisition of his land bearing Gat No.1420 at Village Sikrapur, District Pune, lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as neither possession was taken nor compensation was paid. The other petitioners, Laxman Gajanan Wadekar (deceased) through his legal representatives, were project-affected persons who had been allotted a portion of the same land. The two writ petitions were interlinked because if the acquisition lapsed, the allotment would be nullified, and if it did not lapse, the allottees' challenge to reduction of their allotted area would need to be considered. The chronology showed that a notification under Section 4 of the Land Acquisition Act, 1894 was issued on 24 December 1997, followed by a declaration under Section 6 in 1999. An award was passed on 29 February 2000, but the petitioner contended that possession remained with him and compensation was never paid. A report by the Rehabilitation Department dated 5 August 2019 confirmed these facts. Despite this, in 2019, the Deputy Collector allotted part of the land to the Wadekar family. The petitioner initially filed a writ petition challenging the allotment, which was later withdrawn, and he pursued remedies before the Commissioner. The Commissioner directed an inquiry but did not order deletion of the land. The petitioner then filed Writ Petition No.11150 of 2022 claiming lapsing. Meanwhile, the allottees challenged subsequent orders reducing their allotted area, leading to remand and fresh orders, which were again challenged in Writ Petition No.10352 of 2022. The High Court clubbed the two petitions. During the hearing, the petitioner sought to amend his petition to challenge the latest order dated 2 August 2022. The court allowed the amendment application, granting leave to carry out the amendment within two weeks. The petitioner's counsel argued that the twin conditions for lapsing under Section 24(2) were satisfied as possession was not taken and compensation was not paid, relying on the Supreme Court decision in Indore Development Authority v. Manoharlal. The court heard the submissions but the provided excerpt of the judgment does not contain the final decision on the merits. Thus, the outcome regarding lapsing and the validity of the allotment orders remains not mentioned in the available text.
Headnote
A) Land Acquisition - Lapsing of Proceedings - Section 24(2), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The petitioner claimed that acquisition of land bearing Gat No.1420 lapsed because possession was not taken and compensation was not paid, invoking the twin conditions enunciated in Indore Development Authority vs. Manoharlal (2020) 8 SCC 129 - The court heard arguments but the final determination on lapsing is not recorded in the provided text (Paras 1, 10-11).
B) Land Acquisition - Allotment of Land to Project Affected Persons - Challenge to Allotment Orders - Allotment orders dated 19.06.2019, 04.01.2020 and 02.08.2022 were passed by the Additional Collector and Commissioner in respect of land from Gat No.1420; the petitioner sought their cancellation on the ground that the underlying acquisition had lapsed, while the allottees challenged reduction of area - The court was yet to decide these challenges (Paras 4-9).
C) Civil Procedure - Amendment of Pleadings - Interim Application No.18257 of 2022 was filed by the petitioner to amend the writ petition and challenge the subsequent order dated 02.08.2022 passed by the Additional Collector - Held, in the interest of justice, the amendment application is allowed; leave granted to carry out formal amendment within two weeks of pronouncement of this order (Paras 7-8).
Issue of Consideration
Whether the acquisition of land bearing Gat No.1420 lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 due to non-payment of compensation and non-taking of possession
Law Points
- Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013 provides for lapsing of acquisition if possession is not taken and compensation is not paid
- Indore Development Authority Vs. Manoharlal and others (2020) 8 SCC 129
Case Details
2026 LawText (BOM) (07) 226
Writ Petition No.11150 of 2022 along with Writ Petition No.10352 of 2022
Manish Pitale, Shreeram V. Shirsat
Namdev Bhagwan Khedkar through Power of Attorney Holder Dr. Dhananjay Namdev Khedkar
State of Maharashtra and others; Laxman Gajanan Wadekar (deceased) through LRs and others
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Lapsing of land acquisition under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and challenge to allotment orders of land to project affected persons.
Remedy Sought
In WP 11150/2022: declaration that acquisition of land from Gat No.1420 lapsed, cancellation of allotment orders dated 19.06.2019, 04.01.2020, and 02.08.2022, and setting aside of order dated 02.11.2019. In WP 10352/2022: challenge to the order dated 02.08.2022 reducing the allotted area.
Filing Reason
Petitioner in WP 11150/2022 claimed that possession of the acquired land was never taken and compensation was never paid, thus the acquisition lapsed by operation of law, and the subsequent allotment of part of the land to the Wadekar family was illegal. The Wadekar family filed WP 10352/2022 because the Additional Collector reduced their allotted area from 2 Hectares 40 Ares to 1 Hectare 20 Ares.
Previous Decisions
Commissioner, Pune Division disposed of appeal on 02.11.2019; Additional Collector passed orders on 04.01.2020 and 02.08.2022; earlier Writ Petition No.10530/2019 was withdrawn; Writ Petition No.12583/2019 filed by allottees challenging Commissioner's order was pending but rendered infructuous; Writ Petition No.7029/2021 disposed of with directions; and interim orders of this Court including status quo and remand.
Issues
Whether the acquisition of land from Gat No.1420 lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as possession was not taken and compensation was not paid?
Whether the allotment orders dated 19.06.2019, 04.01.2020, and 02.08.2022 are legal and valid?
Submissions/Arguments
The petitioner in WP 11150/2022 contended that the twin conditions for lapsing under Section 24(2) of the 2013 Act were met as possession was not taken and compensation was not paid, relying on the Rehabilitation Department's report dated 05.08.2019 and the Supreme Court's decision in Indore Development Authority Vs. Manoharlal and others. The petitioner argued that the State's documents supported this case, as notices were issued only under Section 9(3) and (4) of the Land Acquisition Act, 1894, not under Section 12(2), and no valid proof of possession taking was produced.
Judgment Excerpts
the petitioner in Writ Petition No.11150 of 2022 is claiming lapsing of acquisition of his land, while the petitioners in Writ Petition No.10352 of 2022 are concerned with allotment of land as project affected persons, part of which concerns the land in respect of which lapsing of acquisition is prayed for.
possession of the said piece of land was not taken.
on 05.08.2019, the Rehabilitation Department prepared a report and submitted the same before the Divisional Commissioner, Pune with regard to the said grievance of the petitioner. … It was stated in the said report that possession of the said land was not taken; notice under Section 12(2) of the L.A. Act was not issued / served upon the petitioner; compensation was not paid and consequently, it could not be said that the land was acquired or that it vested in the Government.
Procedural History
On 24.12.1997, a notification under Section 4 of the Land Acquisition Act, 1894 was issued for acquisition of land Gat No.1420 for project affected persons displaced by the Chaskaman Irrigation Project. An enquiry under Section 5A was initiated on 15.01.1998. The petitioner’s father objected, and the land was found not to be in the beneficial zone. On 12.01.1999, a declaration under Section 6 was issued. An award was passed on 29.02.2000. On 02.08.2000, the Sub-Divisional Officer reported that possession was not taken. On 30.07.2002, the Commissioner rejected an application for deletion under Section 48(1). On 19.06.2019, the Deputy Collector allotted 1 Hectare 60 Ares from Gat No.1420 to Laxman Wadekar. The petitioner challenged this by filing WP No.10530/2019 on 09.07.2019, and status quo was granted. The petition was withdrawn on 16.09.2019 as an appeal was filed before the Additional Commissioner. On 05.08.2019, the Rehabilitation Department reported that possession was not taken, notice under Section 12(2) was not served, and compensation was not paid. The Commissioner directed an enquiry on 04.09.2019 and disposed of the appeal on 02.11.2019. The allottees challenged that order in WP No.12583/2019. On 04.01.2020, the Additional Collector reduced the allotted area. The petitioner filed WP No.11150/2022 on 30.01.2020 seeking lapsing. The allottees challenged the reduction order in WP (St.) No.358/2020, and on 31.01.2020, this Court set aside the order and remanded the matter. On 30.11.2021, the allottees filed WP No.7029/2021 seeking possession and name in revenue records, which was disposed of with a direction to decide the case. On 02.08.2022, the Additional Collector on remand passed a fresh order reducing the allotment to 1 Hectare 20 Ares, with 40 Ares from Gat No.1420. The petitioner sought to amend his petition to challenge this order by filing Interim Application No.18257/2022, which was allowed on 24.07.2026. The allottees filed WP No.10352/2022 challenging the 02.08.2022 order. Both petitions were clubbed and heard together.
Acts & Sections
- Land Acquisition Act, 1894: 4, 5A, 6, 11, 12(2), 17, 48(1)
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: 24(2)
