From the impugned judgment and order passed by the High Court, it appears that while declaring that the acquisition proceedings under the Act, 1894 is deemed to have lapsed under Section 24(2) of the Act, 2013, the High Court has heavily relied upon the decision of this Court in the case of Pune Municipal Corporation and Anr.
Also Read: https://newslaw.in/supreme-court/quashing-of-high-court-judgment-on-land-acquisition-proceedings/
2.1
However, the High Court has failed to notice and consider the specific case on behalf of the appellants that at the relevant time, the possession could not be taken over due to the pending proceedings at the instance of the landowners challenging the acquisition proceedings, which ended upto this Court.
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)
Also Read: https://newslaw.in/supreme-court/final-decision-and-disclosure-in-collegium-meetings/
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.
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.
Present appeal is accordingly allowed.
Case Title: GOVERNMENT OF NCT OF DELHI Vs. SUBHASH JAIN (2022 INSC 1250)
Case Number: C.A. No.-008937-008937 / 2022
