It is true that there is a huge delay in preferring the appeal which is vehemently opposed by Shri Neeraj Kishan Kaul, learned Senior Advocate appearing on behalf of the contesting respondent(s) – original writ petitioner, however, taking into consideration the other similar orders passed by different benches in condoning such delay in preferring the appeal challenging the order(s) passed by the very High Court declaring that the acquisition is lapsed under Section 24(2) of the Act, 2013 and taking into consideration the fact that while passing the impugned judgment and order the High Court has relied upon and/or followed the earlier decision of this Court in the case of Pune Municipal Corporation and Anr. However, thereafter relying upon the decision of this Court in the case of Pune Municipal Corporation (supra) on the ground that the compensation with respect to the land in question was not paid, the High Court has allowed the said writ petition and has declared that the acquisition in respect of the land in question is deemed to have lapsed under Section 24(2) of the Act, 2013.
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.
Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/
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.
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.
Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/
Therefore, once the possession of the land in question was taken over on 12.03.1981 then applying the law laid down by this Court in the case of Indore Development Authority (supra) the acquisition of the land in question is not deemed to have lapsed under Section 24(2) of the Act, 2013. Pending applications, if any, also stand disposed of.
Case Title: GOVT. OF NCT OF DELHI Vs. SUSHIL KUMAR GUPTA (2023 INSC 121)
Case Number: C.A. No.-000352-000352 / 2023
