Summary
Land in village Molarband notified in 1964 was awarded in 1981, and the Land Acquisition Collector's affidavit stated that possession was taken on 10 April 1997 by possession proceedings and handed to the Delhi Development Authority, with compensation lying in the revenue deposit; the writ petitioners themselves sought return of possession. The Delhi High Court nevertheless declared the acquisition lapsed under Section 24(2) of the 2013 Act for non-payment of compensation, relying on Pune Municipal Corporation. The Supreme Court allowed the appeal: the prayer for return of possession admitted that the petitioners were out of possession, possession proceedings are sufficient compliance under Indore Development Authority, and Pune Municipal Corporation stands overruled.
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 where possession was taken by drawing possession proceedings and the petitioners themselves prayed for return of possession.
Provisions considered
- Section 24(2), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013Following paragraphs 365 and 366 of Indore Development Authority, there is no lapse where possession has been taken even if compensation is unpaid, the mode of taking possession being the drawing of an inquest report or memorandum, and non-deposit of compensation in court does not cause lapse. (¶¶ 3, 4, 5)
Held
- The Collector's specific case that possession of Khasra Nos. 154/2 and 155/2 was taken on 10.04.1997 and handed to the beneficiary department went unanswered by the High Court, and the petitioners' own averment seeking return of the land showed they were not in possession; the declaration of lapse founded on an overruled decision is unsustainable. (¶¶ 2, 3, 4, 5)
Result
Appeal allowed without costs; Delhi High Court judgment dated 14.03.2016 in WP (C) No. 1178 of 2015 quashed and set aside; no deemed lapse of the acquisition; pending application disposed of.