Having heard the learned counsel appearing on behalf of the respective parties and having gone through the impugned judgment and order passed by the High Court, it appears that it was the specific case on behalf of the LAC/DDA before the High Court and so stated in the counter filed that the possession of the land in question was taken over and handed over to the beneficiary department in the year 2007.
Harakchand Misirimal Solanki, (2014) 3 SCC 183] is hereby overruled and all other decisions in which Pune Municipal Corpn.
The decision in Sree Balaji Nagar Residential Assn.
Under the provisions of Section 24(1)(a) in case the award is not made as on 1-1-2014, the date of commencement of the 2013 Act, there is no lapse of proceedings.
Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/
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. In case of non-deposit with respect to the majority of holdings for five years or more, compensation under the 2013 Act has to be paid to the “landowners” as on the date of notification for land acquisition under Section 4 of the 1894 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.
Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/
Pending application, if any, also stands disposed of.
Case Title: DELHI DEVELOPMENT AUTHORITY Vs. RAMBIR (2023 INSC 67)
Case Number: C.A. No.-000362-000362 / 2023
