Case Note & Summary
The Supreme Court addressed appeals from the Government of NCT of Delhi and the Delhi Development Authority against a High Court ruling that declared the acquisition of land lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The High Court had relied on the Pune Municipal Corporation case, which was subsequently overruled by the Constitution Bench in Indore Development Authority. The Supreme Court noted that while the High Court found that possession of the land had been taken, it also acknowledged that compensation had not been paid to the recorded owner. The court emphasized that the lapse of acquisition proceedings under Section 24(2) occurs only when both possession has not been taken and compensation has not been paid. The court further clarified that the expression 'paid' in Section 24(2) does not include deposit in court and that non-deposit does not result in lapse of proceedings. The Supreme Court ultimately quashed the High Court's order, stating that the impugned judgment was unsustainable in light of the Indore Development Authority ruling. The appeals were allowed with no costs, 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. The decision in Pune Municipal Corporation was overruled, clarifying that if either condition is met, there is no lapse (Paras 3-4).
Issue of Consideration
Whether the acquisition of land 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, stating it was unsustainable based on the Indore Development Authority ruling. The appeals were allowed with no costs.
Law Points
- Land acquisition
- lapse of proceedings
- compensation
- possession
- encroachment
- legal interpretation
