VidhiSangh

Supreme Court of India · 20/05/2022

AYODHYA FAIZABAD DEVELOPMENT AUTHORITY AND ANR. versus RAM NEWAJ AND OTHERS

[2022] 3 S.C.R. 250 · 2022 INSC 614

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Summary

The Allahabad High Court (Lucknow Bench) declared that acquisition proceedings for three plots acquired for the Ayodhya Faizabad Development Authority had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, solely because the compensation, though deposited in the treasury, had not been deposited in court or paid to the landowners, relying on DDA v. Sukhbir Singh. The Supreme Court set the judgment aside. Under the Constitution Bench decision in Indore Development Authority v. Manoharlal, deemed lapse occurs only where, for five years or more before the 2013 Act commenced, neither possession was taken nor compensation paid; non-deposit of compensation in court does not cause lapse, and once possession has been taken under Section 16 of the 1894 Act the land vests in the State with no divesting.

Issues

  1. Whether land acquisition proceedings lapse under Section 24(2) of the 2013 Act where compensation was deposited in the government treasury rather than in court and possession of the land had been taken before the Act came into force.

Provisions considered

Held

Result

Appeal allowed; the Allahabad High Court (Lucknow Bench) judgment of 19.07.2017 in Misc. Bench No. 3962 of 2005 declaring the acquisition lapsed under Section 24(2) of the 2013 Act quashed and the writ petition dismissed. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 250.