Summary
The Delhi High Court, relying on Pune Municipal Corporation, declared that the acquisition of 15 bighas 18 biswa in village Wazirabad had lapsed under Section 24(2) of the 2013 Act, without going into the Land Acquisition Collector's case that possession of most of the land was taken on 22 September 1997 and the rest could not be taken because of stay orders in writ petitions of 1982. The Supreme Court allowed the Collector's appeal: Pune Municipal Corporation was overruled by the Constitution Bench in Indore Development Authority v. Manoharlal, which holds that lapse requires both that possession was not taken and that compensation was not paid, with periods of interim stay excluded; the declaration of lapse for the entire land was unsustainable, though landowners not yet paid may be paid compensation under the 1894 Act and their prayers considered on merits.
Issues
- Whether the High Court could declare acquisition proceedings lapsed under Section 24(2) of the 2013 Act for the whole of the land on the authority of Pune Municipal Corporation without deciding whether possession had been taken and whether interim stay orders covered the period of inaction.
Provisions considered
- Section 24(2), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013Under paragraphs 365 and 366 of Indore Development Authority, deemed lapse arises only where authorities failed for five years or more before 01.01.2014 both to take possession and to pay compensation, the period of subsistence of court interim orders being excluded, and non-deposit of compensation in court does not result in lapse. (¶¶ 2, 3, 4)
Held
- The Collector's specific case was that possession of Khasra No. 35/2/2 and three bighas of Khasra No. 36/2/2 was taken on 22.09.1997 and that possession of the balance could not be taken owing to stay orders in Writ Petitions Nos. 2506 and 3631 of 1982; the High Court disregarded that controversy and applied an overruled decision, so its declaration of lapse for the entire 15 bighas 18 biswa cannot stand. (¶¶ 2, 3, 4, 5)
- If the recorded owners or persons interested have not been paid, compensation may be paid in accordance with the Land Acquisition Act, 1894 and their prayers considered in accordance with law on their own merits. (¶ 5)
Result
Appeal allowed without costs; Delhi High Court judgment dated 06.07.2015 in WP (C) No. 2198 of 2015 quashed and set aside, there being no deemed lapse under Section 24(2) of the 2013 Act, and the writ petition dismissed; unpaid landowners may be paid compensation under the Land Acquisition Act, 1894; pending applications disposed of.