1 From the impugned judgment and order passed by the High Court, it is evident that before the High Court, it was the specific case on behalf of the Land Acquisition Collector (LAC) and so stated in the counter affidavit in paragraph 8 that since the Hon’ble High Court had granted stay against dispossession, therefore, the possession of the land in question was not taken, however, the compensation with respect to the land in question was sent in RD.
Manoharlal and Ors., (2020) 8 SCC 129, this Court has subsequently overruled the earlier 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.
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 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.
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).
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: DELHI DEVELOPMENT AUTHORITY Vs. DEWAN CHAND PRUTHI (2023 INSC 74)
Case Number: C.A. No.-000397-000397 / 2023
