From the impugned judgment and order passed by the High Court and even from the counter affidavit filed on behalf of the appellant and others before the High Court, it appears that it was the specific case on behalf of the appellant and other original respondents that the possession of the land in question was taken on 21.03.2007.
That as per the record, the land in question, i.e., Khasra
No 17(4-12), 18(3-14), 38(1-12), 41(1-16), 42(1- 10) admeasuring 13 bighas 04 biswa (petitioner is having 1/12 share) situated at the revenue estate of village Ghonda Gujran Khadar, Delhi, was notified under Section 4 of the Land Acquisition Act on 23.09.1989 followed by declaration under Section 6 of Land Acquisition Act on 20.06.1990 for Planned Development of Delhi.
However, the compensation amount is not paid to the recorded owner.”
Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/
However, thereafter, without taking into consideration the factum of taking the possession of the land in question and handing over the same to the beneficiary, by the impugned judgment and order, the High Court 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 relying upon the decision of this Court in the case of Pune Municipal Corporation and Anr. Harakchand Misirimal Solanki, (2014) 3 SCC 183] is hereby overruled and all other decisions in which Pune Municipal Corpn.
Harakchand Misirimal Solanki, (2014) 3 SCC 183] has been followed, are also overruled. 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. The consequence of non-deposit is provided in the proviso to Section 24(2)
in case it has not been deposited with respect to majority of landholdings then all beneficiaries (landowners) as on the date of notification for land acquisition under Section 4 of the 1894 Act shall be entitled to compensation in accordance with the provisions of the 2013 Act.
Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/
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). The provisions of Section 24(2) providing for a deemed lapse of proceedings are applicable in case authorities have failed due to their inaction to take possession and pay compensation for five years or more before the 2013 Act came into force, in a proceeding for land acquisition pending with the authority concerned as on 1-1-2014. (supra), which has been relied upon by the High Court while passing the impugned judgment and order has been overruled, the impugned judgment and order passed by the High Court is unsustainable and the same deserves to be quashed and set aside and is accordingly quashed and set aside. Pending application, if any, also stands disposed of.
Case Title: GOVERNMENT OF NCT OF DELHI Vs. RATIRAM (2023 INSC 72)
Case Number: C.A. No.-000379-000379 / 2023
