From the impugned judgment and order passed by the High Court, it appears and so stated in the affidavit filed by the Land Acquisition Collector (LAC) before the High Court that the possession of the land in question – Khasra
No 28 was taken over by the DDA through LAC/ L&B Department on 21.03.2007.
In case the award has been passed within the window period of five years excluding the period covered by an interim order of the court, then proceedings shall continue as provided under Section 24(1)(b) of the 2013 Act under the 1894 Act as if it has not been repealed.
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/
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.
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).
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.”
Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/
Applying the law laid down by this Court in the case of Indore Development Authority (supra) to the facts of the case on hand, more particularly, when the possession of the land in question is held to have been taken over by the DDA through LAC/ L&B Department on 21.03.2007 by drawing the panchnama and preparing the possession report, which is held to be permissible as observed and held by this court in the aforesaid decision. Pending application, if any, also stands disposed of.
Case Title: DELHI DEVELOPMENT AUTHORITY Vs. BHAGI SINGH (2023 INSC 66)
Case Number: C.A. No.-000366-000366 / 2023
