From the impugned judgment and order passed by the High Court, it is apparent that the High Court has allowed the said writ petition and has declared that the acquisition with respect to the land in question is deemed to have lapsed under Section 24(2) of the Act, 2013 relying upon the decision of this Court in the case of Pune Municipal Corporation and Anr.
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. 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.
The consequence of non-deposit is provided in the proviso to Section 24(2)
Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/
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.
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).
There shall not be any deemed lapse under Section 24(2) of the Act, 2013 as held by the High Court.
Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/
Pending applications, if any, also stand disposed of.
Case Title: LAND AND BUILDING DEPARTMENT Vs. MANISH SETHI (2023 INSC 137)
Case Number: C.A. No.-000945-000945 / 2023
