Case Note & Summary
The case involved an appeal by the Government of NCT of Delhi against a High Court order that declared the acquisition proceedings under the Land Acquisition Act, 1894 lapsed due to non-payment of compensation. The High Court had relied on a previous Supreme Court decision, which was later overruled by a Constitution Bench in the case of Indore Development Authority. The Supreme Court clarified that for the acquisition to lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, both conditions of possession not being taken and compensation not being tendered must be met. In this case, since possession had been taken, the court found that the acquisition proceedings did not lapse. The Supreme Court quashed the High Court's order, stating that the appeal was allowed and no costs were awarded.
Headnote
A) Land Acquisition - Deemed Lapse of Proceedings - Conditions for Lapse - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) - The court held that for the lapse of acquisition proceedings under Section 24(2), both possession not taken and compensation not tendered must be satisfied. Since possession was taken, the acquisition did not lapse despite non-payment of compensation (Paras 2.1-2.2).
Issue of Consideration
Whether the acquisition proceedings 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.
Final Decision
The Supreme Court quashed the High Court's order, stating that the acquisition proceedings did not lapse as possession was taken, and allowed the appeal.
Law Points
- Land Acquisition
- deemed lapse
- compensation
- possession
- Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
- Land Acquisition Act
- 1894
