Summary
The Government of NCT of Delhi pleaded before the Delhi High Court that possession of the acquired land had been taken in July 2008, but the High Court, without going into the controversy of physical possession, declared the acquisition lapsed under Section 24(2) of the 2013 Act on the ground that compensation had not been paid, relying on Pune Municipal Corporation. The Supreme Court allowed the Government's appeal: Pune Municipal Corporation stands overruled by the Constitution Bench in Indore Development Authority, under which non-payment of compensation alone does not cause lapse where possession has been taken, so the declaration could not stand.
Issues
- Whether an acquisition can be declared lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for non-payment of compensation alone, without deciding the authority's plea that possession of the land had been taken.
Provisions considered
- Section 24(2), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013Following Indore Development Authority, lapse requires that neither possession was taken nor compensation paid; where possession has been taken, non-payment of compensation does not result in lapse and the land, having vested, is not divested. (¶¶ 2, 2.1, 3)
Held
- The High Court declared lapse solely on non-payment of compensation while leaving undecided the appellants' specific case that possession was taken on 11.07.2008; applying the Constitution Bench ruling that overruled Pune Municipal Corporation, there can be no deemed lapse under Section 24(2) on that basis and the judgment is unsustainable. (¶¶ 2, 2.1, 3)
Result
Appeal allowed without costs; Delhi High Court judgment dated 13.02.2017 in W.P.(C) No. 4776 of 2015 quashed and set aside; writ petition dismissed and the acquisition held not to have lapsed under Section 24(2) of the 2013 Act.