From the impugned judgment and order passed by the High Court and even as per the counter affidavit filed on behalf of the Land Acquisition Collector before the High Court, it was the case on behalf of the appellant that the physical possession of the subject land was taken over and handed over to the beneficiary department on 14.07.1987. Harakchand Misirimal Solanki, (2014) 3 SCC 183] is hereby overruled and all other decisions in which Pune Municipal Corpn.
Also Read: https://newslaw.in/case-type/civil/c-a-no-007689-007690-2022/
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.
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)
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.
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.”
Applying the law laid down by this Court in the case of Indore Development Authority (supra) to the facts of the case on hand and the fact that the possession of the land in question was taken over on 14.07.1987, there shall not be any deemed lapse of acquisition as observed and held by the High Court.
Also Read: https://newslaw.in/case-type/criminal/analysis-of-bail-granting-criteria-in-criminal-cases/
Present appeal is accordingly allowed.
Case Title: LAND ACQUISITION COLLECTOR (SOUTH) Vs. HARI CHAND (2023 INSC 395)
Case Number: C.A. No.-002926-002926 / 2023
