At the outset, it is required to be noted that while passing the impugned judgment and order, the High Court has relied upon the decision of this Court in the case of Pune Municipal Corporation and Anr. However, it is required to be noted and as observed hereinabove, in paragraph 8, the High Court has specifically observed that there is a categorical assertion made in the counter affidavit filed by the Land Acquisition Collector that the possession of the subject land has been taken over, however, the compensation has not been paid to the recorded owner.
Also Read: https://newslaw.in/supreme-court/quashing-of-high-court-judgment-on-land-acquisition-proceedings/
Be that it may, as observed hereinabove, while passing the impugned judgment and order, the High Court has relied 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.
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).
Section 24(2) of the 2013 Act does not give rise to new cause of action to question the legality of concluded proceedings of land acquisition.
However, so far as the impugned judgment and order passed by the High Court is concerned, the same is unsustainable in view of the decision of this Court in the case of Indore Development Authority (supra) and as observed hereinabove.
Case Title: GOVT. OF NCT OF DELHI Vs. SHIV DUTT SHARMA (2022 INSC 1231)
Case Number: C.A. No.-008198-008198 / 2022
