At the outset, it is required to be noted that vide Notification dated 17.06.2005 issued under the provisions of Section 4 of the Land Acquisition Act, 1894 large tract of the land measuring about 200 Bighas falling in Village Mundaka was sought to be acquired. 1
The respondent no.1 herein – original writ petitioner filed the writ petition before the High Court to declare that the acquisition with respect to the land in question is deemed to have lapsed under Section 24(2) of the Act, 2013 on the ground that the compensation with respect to the land in question is not paid. & Ors, Civil Appeal No.3073 of 2022, the subsequent purchaser had no locus to challenge the acquisition and/or lapsing of the acquisition under the Act, 2013. 4 Even otherwise on merits also and in light of the subsequent decision of the Constitution Bench of this Court in the case of Indore Development Authority versus Manoharlal and others reported in (2020) 8 SCC 129 the impugned judgment and order passed by the High Court declaring the acquisition with respect to the land in question is deemed to have lapsed is unsustainable. 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.
In case a person has been tendered the compensation as provided under Section 31(1) of the 1894 Act, it is not open to him to claim that acquisition has lapsed under Section 24(2) due to non-payment or non-deposit of compensation in court.
Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/
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.
It does not revive stale and time- barred claims and does not reopen concluded proceedings nor allow landowners to question the legality of mode of taking possession to reopen proceedings or mode of deposit of compensation in the treasury instead of court to invalidate acquisition.”
7 Applying the law laid down by this Court in the case of Indore Development Authority (supra), on merits also the impugned judgment and order passed by the High Court declaring that the acquisition with respect to land in question is deemed to have lapsed under Section 24(2) of the Act, 2013 is unsustainable.
Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/
No costs.
Case Title: DELHI DEVELOPMENT AUTHORITY Vs. BEENA GUPTA (D) THROUGH LRS. (2023 INSC 47)
Case Number: C.A. No.-009287-009287 / 2022
