Case Note & Summary
The dispute arose from a judgment by the High Court of Delhi which declared that the acquisition of certain lands had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 due to non-tendering of compensation. The Delhi Development Authority (DDA) and the Government of NCT of Delhi appealed against this decision. The High Court found that compensation had not been tendered to the original writ petitioners, leading to its conclusion. However, the appellants contended that possession of the land was taken by the Land Acquisition Collector (LAC) and handed over to the DDA, which the High Court acknowledged. The appellants argued that the possession certificate did not indicate lawful possession as it lacked a reference to the LAC taking possession from the original writ petitioners. The Supreme Court noted that the High Court's reliance on non-tendering of compensation was contrary to established legal principles, particularly referencing the Constitution Bench decision in Indore Development Authority Vs. Manoharlal. The Supreme Court emphasized that if possession had been taken, the acquisition could not be deemed to have lapsed solely due to non-payment of compensation. Consequently, the Supreme Court quashed the High Court's order, allowing the appeals without costs.
Headnote
A) Land Acquisition - Deemed Lapse of Acquisition - Non-tendering of Compensation - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) - The High Court declared the acquisition lapsed on grounds of non-tendering of compensation despite possession being taken. The Supreme Court held that mere non-tendering of compensation does not lead to lapse if possession has been taken, thus quashing the High Court's order (Paras 1-6).
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 due to non-tendering of compensation.
Final Decision
The Supreme Court quashed the High Court's order declaring the acquisition lapsed and allowed the appeals, stating that mere non-tendering of compensation does not lead to lapse if possession has been taken.
Law Points
- Land Acquisition
- Compensation
- Possession
- Deemed Lapse
- Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
- Land Acquisition Act
- 1894
