Conditions For Lapse Of Acquisition Not Satisfied: SC Sets Aside Order Declaring Deemed Lapse Of Land Acquisition
While observing that the conditions for the deemed lapse of land acquisition was not satisfied, the Supreme Court set aside the Order declaring deemed lapse of land acquisition under Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The bench of Justice MR Shah and Justice MM Sundresh noted that it was the specific case on behalf of the authority that the possession of the land in question was already taken over.
The Court observed that thereafter without entering into the question of possession, the High Court had declared that the acquisition with respect to land in question is deemed to have lapsed under Section 24(2) of the Act, 2013 as the compensation with respect to the land in question was not paid.
Advocate Sujeeta Srivastava appeared on behalf of the appellants and Advocate Rishab Nagar appeared on behalf of the respondent.
The Court placed reliance on its judgment in the case of Indore Development Authority Vs. Manoharlal and Ors. where it was held that for the purpose of deemed lapse of land acquisition proceedings under Section 24(2) of the 2013 Act, both the conditions namely the possession of land has not been taken over and the compensation not paid are required to be satisfied.
In that case, it was further held that if one of the conditions are not satisfied, there cannot be any lapse of acquisition under Section 24(2) of the Act, 2013.
The Court noted that even otherwise, in the present case, the compensation was not paid to the landowners in view of the fact that there was ownership dispute between the co-owners with respect to compensation.
Thus the Court held that if the compensation has not been paid due to inter se dispute between the co-owners, thereafter, it will not be open for the landowners to make a grievance that once the compensation was not paid, the acquisition is deemed to have lapsed.
Therefore the Court quashed and set aside the Order declaring that the acquisition with respect to the land in question is deemed to have lapsed under Section 24(2) of the Act, 2013.
Cause Title- The Secretary, The Department of Land and Building and Ors. v. Anjeet Singh (Dead) through LRs. and Anr.
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