Land Acquisition Proceedings Shall Not Lapse If Award Not Made As On Commencement Of LA Act 2013- SC Reiterates
|The Supreme Court in three different judgments related to land acquisition matters has reiterated the land acquisition proceedings shall not lapse if the award is not made as on the commencement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
In all three cases, the Appellant had assailed the judgment of the Delhi High Court which had declared that the land acquisition proceedings with respect to the land in question under the Land Acquisition Act, 1894 is deemed to have lapsed under Section 24(2) of the Land Acquisition Act 2013.
The High Court had allowed the Writ Petitions filed by the original landowners and had held that the land acquisition proceedings lapsed solely on the ground that the amount of compensation was not paid to the landowners.
The Bench of Justice MR Shah and Justice CT Ravikumar held that the view taken by the High Court is unsustainable and placed reliance on the judgment of the Apex Court in the case of Indore Development Authority v. Manoharlal and Ors., where it was held –
"Under the provisions of Section 24(1) (a) in case the award is not made as on 112014, the date of commencement of the 2013 Act, there is no lapse of proceedings. Compensation has to be determined under the provisions of the 2013 Act."
The Court thus held the impugned judgment and order of the High Court is unsustainable.
Accordingly, the Bench set aside and quashed the impugned judgments of the High Court and allowed the appeals.
Click here to read/download the Judgment (Judgment 1)
Click here to read/download the Judgment (Judgment 2)
Click here to read/download the Judgment (Judgment 3)