Summary
The Delhi High Court declared an acquisition lapsed under Section 24(2) of the 2013 Act solely because compensation had not been tendered before the Act came into force, relying on Pune Municipal Corporation. The Land Acquisition Collector had stated that possession was taken on 03.12.2012 by on-the-spot proceedings and immediately handed to the DDA. Compensation was later sent to the Reference Court because of an apportionment dispute. The Supreme Court set the judgment aside. Pune Municipal Corporation was overruled by the Constitution Bench in Indore Development Authority, under which there is no lapse once possession has been taken, even if compensation is unpaid.
Issues
- Whether acquisition lapses under Section 24(2) of the 2013 Act for non-tender of compensation where possession was taken in 2012 and handed to the beneficiary.
Provisions considered
- Section 24(2), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013Under Indore Development Authority, deemed lapse requires both that possession was not taken and compensation not paid; where possession has been taken there is no lapse though compensation is unpaid. (¶¶ 2.2, 3)
Held
- The High Court's reliance on Pune Municipal Corporation, overruled by the Constitution Bench in Indore Development Authority, was unsustainable. (¶¶ 2.1, 2.2)
- Possession having been taken on 03.12.2012 and handed to the DDA, the acquisition could not be declared lapsed merely because compensation had not been tendered before the 2013 Act came into force. (¶¶ 2, 3)
Result
Civil Appeal No. 8932 of 2022 allowed; the Delhi High Court judgment dated 31.01.2018 in Writ Petition (C) No. 11238 of 2015 declaring the acquisition lapsed set aside; no costs.