From the impugned judgment and order passed by the High Court and even from the counter affidavit filed on behalf of the Land Acquisition Collector filed before the High Court, which is reproduced by the High Court in the impugned judgment and order in paragraph 6, it was the specific case on behalf of the appellants that the possession of the land in question was taken over on 03.12.2012 after preparing possession proceeding on the spot and was handed over to the beneficiary department, i.e., Delhi Development Authority (DDA) immediately. 2
Also Read: https://newslaw.in/supreme-court/quashing-of-high-court-judgment-on-land-acquisition-proceedings/
The view taken by the High Court 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)
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.
Pending applications, if any, also stand disposed of.
Case Title: LAND AND BUILDING DEPARTMENT THROUGH SECRETARY GOVT. OF NCT OF DELHI Vs. MAHIPAL SINGH (2022 INSC 1251)
Case Number: C.A. No.-008932-008932 / 2022
