Summary
Land in village Ghonda Gujran Khadar, Delhi, was notified in 1989, and the award was passed in 1992. Possession was taken and handed to the beneficiary department on 21.03.2007, but compensation was not paid to the recorded owner. The Delhi High Court, relying on Pune Municipal Corporation, declared that the acquisition had lapsed under Section 24(2) of the 2013 Act solely because compensation had not been tendered. The Supreme Court set the declaration aside and dismissed the writ petition. Pune Municipal Corporation had been overruled in Indore Development Authority, under which non-payment alone does not cause a lapse once possession has been taken.
Issues
- Whether acquisition proceedings lapse under Section 24(2) of the 2013 Act solely for non-payment of compensation where possession was taken and handed over to the beneficiary department.
Provisions considered
- Section 24(2), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013Applying Indore Development Authority v. Manoharlal (2020) 8 SCC 129, which overruled Pune Municipal Corporation, there is no lapse where possession has been taken even though compensation has not been paid. (¶¶ 4, 5)
- Sections 4 and 6, Land Acquisition Act, 1894The Section 4 notification of 23.09.1989 and declaration of 20.06.1990 for planned development of Delhi were followed by Award No. 8/92-93 dated 19.06.1992. (¶ 2)
Held
- The High Court ignored the taking of possession on 21.03.2007 and declared lapse only on the ground of non-tender of compensation, relying on Pune Municipal Corporation, which has been overruled; applying Indore Development Authority, the declaration is unsustainable. (¶¶ 3, 4, 5, 6)
Result
Civil Appeal No. 379 of 2023 allowed; the Delhi High Court judgment dated 13.02.2017 in W.P. (C) No. 8685 of 2015 quashed and set aside and the writ petition dismissed; no costs.