Summary
An award under Section 11 of the Land Acquisition Act, 1894 was made in July 2005 and the Government of NCT of Delhi pleaded that possession of the land was taken in August 2005, yet the Delhi High Court, relying on Pune Municipal Corporation, declared the acquisition lapsed under Section 24(2) of the 2013 Act. The Supreme Court allowed the Government's appeal: Pune Municipal Corporation has been overruled by the Constitution Bench in Indore Development Authority, under which there is no lapse where possession has been taken even if compensation was not paid, so the declaration of lapse was unsustainable.
Issues
- Whether an acquisition in which the award was made and possession taken in 2005 can be deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on the basis of Pune Municipal Corporation.
Provisions considered
- Section 24(2), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013Following Indore Development Authority, deemed lapse arises only where authorities failed for five years or more before 01.01.2014 both to take possession and to pay compensation; once possession is taken under Section 16 of the 1894 Act the land vests and is not divested. (¶¶ 2, 2.1, 3)
Held
- The High Court heavily relied on Pune Municipal Corporation, which the Constitution Bench has overruled together with all decisions following it; applying the law now laid down to a case where the award was made on 12.07.2005 and possession was stated to have been taken on 31.08.2005, there can be no deemed lapse under Section 24(2). (¶¶ 2, 2.1, 3)
Result
Appeal allowed without costs; Delhi High Court judgment dated 02.05.2016 in W.P.(C) No. 2512 of 2015 declaring the acquisition lapsed under Section 24(2) of the 2013 Act quashed and set aside; pending applications disposed of.