VidhiSangh

Supreme Court of India · 24/02/2023

LAND ACQUISITION COLLECTOR versus JAI PRAKASH TYAGI & ORS.

[2023] 3 S.C.R. 12 · 2023 INSC 166

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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

  1. 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

Held

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.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 12.