From the impugned judgment and order passed by the High Court and even from the counter affidavit filed by the Land Acquisition Collector (LAC) before the High Court, it appears that it was the specific case on behalf of the Land Acquisition Collector – GNCTD that the lands in question of Village Molarband were acquired vide Notification under Section 4 dated 04.04.1964, award was declared by the LAC on 19.10.1981 and the possession of the land falling in subject Khasra Nos. That the then Land Acquisition Collector passed an Award bearing No 1934-D dated 19.10.81 and the possession of the land falling in subject khasra number 154/2 (3-05) and 155/2 (4-12) was taken on 10.04.1997 after preparing Possession Proceeding on the spot, the same was handed over to the beneficiary department, i.e., DDA immediately.
Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183 and on the ground that the compensation has not been paid, the High Court has allowed the writ petition and has declared that the acquisition with respect to the lands in question is deemed to have lapsed under Section 24(2) of the Act, 2013.
Even from the averment in para (I) in the writ petition, it was the case on behalf of the original writ petitioners that the possession of the land comprising of Khasra Nos.
Harakchand Misirimal Solanki, (2014) 3 SCC 183] is hereby overruled and all other decisions in which Pune Municipal Corpn.
Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/
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.
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/
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.
Case Title: GOVT. OF NCT OF DELHI Vs. KRISHAN KUMAR (2023 INSC 140)
Case Number: C.A. No.-000946-000946 / 2023
