Summary
An award under Section 11 of the Land Acquisition Act, 1894 was made in June 1992 and the Land Acquisition Collector pleaded that possession was taken in April 2006 and handed over to the Delhi Development Authority on the spot by preparing possession proceedings; the Delhi High Court nonetheless declared the acquisition lapsed under Section 24(2) of the 2013 Act in reliance on Pune Municipal Corporation. The Supreme Court allowed the Collector's appeal: that decision stands overruled by the Constitution Bench in Indore Development Authority, under which taking possession by drawing a possession memorandum vests the land in the State and excludes any deemed lapse even if compensation was not paid.
Issues
- Whether an acquisition in which possession was taken by preparing possession proceedings and handed over to the development authority 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.
Provisions considered
- Section 24(2), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013Following Indore Development Authority, the word 'or' is read conjunctively so that lapse requires both failure to take possession and failure to pay compensation; the mode of taking possession is by drawing an inquest report or memorandum, after which the land vests with no divesting. (¶¶ 2, 2.1, 3)
Held
- The High Court heavily relied on Pune Municipal Corporation, which the Constitution Bench has overruled along with all decisions following it; applying the law now laid down to a case where the award was made on 19.06.1992 and possession was taken on 21.04.2006 by possession proceedings and handed to the DDA, there can be no deemed lapse under Section 24(2). (¶¶ 2, 2.1, 3)
Result
Appeal allowed without costs; Delhi High Court judgment dated 15.02.2016 in W.P.(C) No. 2916 of 2015 declaring the acquisition lapsed under Section 24(2) of the 2013 Act quashed and set aside; pending applications disposed of.