Case Note & Summary
The dispute arose from a writ petition filed by the respondents challenging the acquisition of land by the Government of NCT of Delhi, claiming it had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The acquisition notification was issued on 23.01.1965, with the award declared and possession taken on 22.09.1986. The respondents contended that actual possession was not taken and that there was an illegal residential colony on the land. The appellants maintained that possession was duly taken and that the respondents were in illegal possession. The High Court ruled in favor of the respondents, relying on a precedent that was later overruled by the Supreme Court in the Indore Development Authority case. The Supreme Court found that the High Court's decision was incorrect as the conditions for a deemed lapse under Section 24(2) were not met since possession had been taken. The Supreme Court set aside the High Court's order, allowing the appeal without costs, and disposed of any pending applications.
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) - Court held that the acquisition cannot be deemed to have lapsed if possession has been taken, even if compensation has not been paid. The High Court's reliance on an overruled precedent was deemed unsustainable, leading to the appeal's allowance (Paras 1-4).
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 set aside the High Court's order declaring the acquisition lapsed, allowing the appeal and stating that possession had been taken, thus no lapse occurred under Section 24(2). No order as to costs was made.
Law Points
- Deemed lapse of acquisition
- compensation payment
- possession taking
- interpretation of Section 24(2)
- legal principles from Indore Development Authority case
