From the impugned judgment and order passed by the High Court, it appears that the award under Section 11 of the Land Acquisition Act, 1894 (hereinafter referred to as “Act, 1894”) with respect to the land in question was made as far as back on 12.07.2005.
Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183, the High Court has allowed the writ petition and has declared that the acquisition with respect to the land in question is deemed to have lapsed under Section 24(2) of the Act, 2013. The decision in Sree Balaji Nagar Residential Assn.
Under the provisions of Section 24(1)(a) in case the award is not made as on 1-1-2014, the date of commencement of the 2013 Act, there is no lapse of proceedings.
The deemed lapse of land acquisition proceedings under Section 24(2) of the 2013 Act takes place where due to inaction of authorities for five years or more prior to commencement of the said Act, the possession of land has not been taken nor compensation has been paid. In case of non-deposit with respect to the majority of holdings for five years or more, compensation under the 2013 Act has to be paid to the “landowners” as on the date of notification for land acquisition under Section 4 of the 1894 Act.
Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/
Once award has been passed on taking possession under Section 16 of the 1894 Act, the land vests in State there is no divesting provided under Section 24(2) of the 2013 Act, as once possession has been taken there is no lapse under Section 24(2).
It does not revive stale and time-barred claims and does not reopen concluded proceedings nor allow landowners to question the legality of mode of taking possession to reopen proceedings or mode of deposit of compensation in the treasury instead of court to invalidate acquisition.”
Applying the law laid down by this Court in the case of Indore Development Authority (supra) to the facts of the case on hand, there shall not be any deemed lapse under Section 24(2) of the Act, 2013.
Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/
Pending application, if any, also stands disposed of.
Case Title: GOVERNMENT OF NCT OF DELHI Vs. SIDDHARTH KAPOOR (2023 INSC 215)
Case Number: C.A. No.-001596-001596 / 2023
