Case Note & Summary
The dispute arose from a judgment by the High Court of Delhi, which declared that the acquisition of certain land had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Government of NCT of Delhi appealed this decision, arguing that possession of the land had been taken on 21.03.2007, and thus the acquisition could not be deemed to have lapsed. The High Court's ruling relied on the precedent set in Pune Municipal Corporation v. Harakchand Misirimal Solanki, which was later overruled by the Supreme Court in Indore Development Authority v. Manoharlal. The Supreme Court clarified that the conditions for a deemed lapse under Section 24(2) require both possession not being taken and compensation not being paid. Since possession had been taken, the court found the High Court's ruling unsustainable. Consequently, the Supreme Court quashed the High Court's order and dismissed the original writ petition, allowing the appeal without costs.
Headnote
A) Land Acquisition - Deemed Lapse of Acquisition - Conditions for Lapse - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) - The High Court declared the acquisition lapsed due to non-payment of compensation despite possession being taken. The Supreme Court held that if possession has been taken, there is no lapse under Section 24(2) even if compensation is unpaid (Paras 3-5).
Issue of Consideration
Whether the acquisition of land is deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Final Decision
The Supreme Court quashed the High Court's order declaring the acquisition lapsed and dismissed the original writ petition, allowing the appeal without costs.
Law Points
- Land acquisition
- deemed lapse
- compensation
- possession
- Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
