Case Note & Summary
The Supreme Court dealt with multiple civil appeals concerning the lapse of land acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The appeals were filed by the Delhi Development Authority and the Government of NCT of Delhi against the High Court's decisions that declared the acquisition of land lapsed. The High Court had relied on Section 24(2) of the 2013 Act, which stipulates conditions under which land acquisition proceedings can be deemed to have lapsed. The Supreme Court referenced the Constitution Bench ruling in Indore Development Authority v. Manohar Lal, which clarified that the lapse occurs only when both possession has not been taken and compensation has not been paid for five years or more prior to the 2013 Act's commencement. The court found that the High Court's judgments were contrary to this established legal principle. Consequently, the Supreme Court quashed the High Court's orders and allowed the appeals, stating that the impugned judgments were unsustainable. No costs were awarded, and any pending applications were disposed of.
Headnote
A) Land Acquisition - 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 the lapse of land acquisition proceedings occurs only when both possession has not been taken and compensation has not been paid for five years or more prior to the commencement of the 2013 Act. The court emphasized that if either condition is satisfied, there is no lapse. (Paras 5-6).
Issue of Consideration
Whether the acquisition of land has 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 orders and allowed the appeals, stating that the impugned judgments were unsustainable. No costs were awarded.
Law Points
- Land acquisition
- lapse of proceedings
- compensation
- possession
- Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
