From the impugned judgment and order passed by the High Court, it appears that 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, relying upon the decision of this Court in the case of Pune Municipal Corporation and Anr.
However, no sale deed is forthcoming, thus, the original writ petitioner claimed the ownership and in possession of the agreement to sell, assignment deed, be that as it may, original writ petitioner or the subsequent purchaser.
Whether the subsequent purchaser has no locus to challenge the acquisition/deemed lapse acquisition is not res integra in view of the decision of this Court in the case of Shiv Kumar & Anr. Commissioner, Bangalore Development Authority (2015) 17 SCC 1, it is specifically observed and held that the subsequent purchaser has no locus to claim lapse of acquisition proceedings.
The decision of this Court in the case of Pune Municipal Corporation (supra) has been overruled by the Constitution Bench of this Court in the case of Indore Development Authority Vs.
Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/
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. 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).
Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/
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. Pending applications, if any, also stand disposed of.
Case Title: GOVT. OF NCT OF DELHI Vs. MANJEET KAUR (2023 INSC 221)
Case Number: C.A. No.-001458-001458 / 2023
