SC Allows Appeal Filed By DDA Against Landowners Who Claimed Lapse Of Acquisition Under Land Acquisition Act 2013
|The Supreme Court has allowed the civil appeal filed by the Delhi Development Authority against the landowners who claimed a lapse of the acquisition of land under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The Bench of Justice M.R. Shah and Justice M.M. Sundresh held –
"In view of the decision of this Court in the case of Indore Development Authority (supra), specifically overruling the decision of this Court in the case of Pune Municipal Corporation and Anr. (supra) relied upon by the High Court while passing the impugned judgment and order, the impugned judgment and order passed by the High Court is unsustainable and the same deserves to be quashed and set aside."
Advocate Nitin Mishra appeared on behalf of the appellant while Advocate Mohit Kumar Gupta appeared for the respondent before the Court.
Brief facts of the case –
The respondent was seeking a declaration before the High Court that the acquisition proceedings with respect to 1/8th share of the respondent in land situated in the revenue estate of Village - Tughlakabad, Delhi is deemed to have lapsed in view of the provisions of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as neither compensation was paid nor possession was taken over.
Section 4 notification of the Land Acquisition Act, 1894 was issued in the year 1965, Section 6 declaration was made in 1969 and thereafter Award was rendered by the Land Acquisition Collector in 1981. It was alleged that the payment of compensation with respect to the said land was not paid due to dispute and the respondent was only having 1/114th share. However, the appellant contended that the land has been taken over and handed over to the Horticulture Department.
The High Court allowed the writ petition filed by the respondent holding and declaring that the acquisition with respect to the land in question has lapsed under Section 24(2) of the 2013 Act. Therefore, Delhi Development Authority filed an appeal before the Supreme Court.
The Supreme Court in this context observed –
"Having gone through the Impugned judgment and order passed by the High Court, it is seen that the High Court has ordered lapsing of the land in question under Section 24 of the Act, 2013 relying upon the 1 decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183 and on the ground that the compensation has not been paid to the landowners. However, it is required to be noted that before the High Court, it was the specific case on behalf of the Delhi Development Authority that the possession of the land in question has already been taken."
The Apex Court further observed that "The decision of this Court in the case of Pune Municipal Corporation and Anr. (supra) relied upon by the High Court has been overruled by the Constitution Bench decision of this Court in the case of Indore Development Authority Vs. Manoharlal and Ors. (2020) 8 SCC 129…"
Accordingly, the Court allowed the appeal and set aside and quashed the judgment and order passed by the High Court.
Cause Title – Delhi Development Authority v. Bhagwat Singh & Ors.
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