Summary
The Delhi High Court, relying on Manav Dharam Trust, declared that the acquisition of a parcel of land had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 at the instance of writ petitioners who had purchased the land after the acquisition proceedings under the Land Acquisition Act, 1894 and who claimed through a general power of attorney, will and receipts. The Supreme Court allowed the Government of NCT of Delhi's appeal, holding that under Shiv Kumar, followed in Godfrey Phillips and Pawan Kumar, a subsequent purchaser has no locus to challenge the acquisition or seek a declaration of its lapse, so the High Court erred in entertaining the petition and there is no deemed lapse.
Issues
- Whether a subsequent purchaser of land acquired under the Land Acquisition Act, 1894 has locus to seek a declaration that the acquisition has 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, 2013A declaration of deemed lapse cannot be sought by persons who purchased the land after the acquisition proceedings; the High Court's declaration of lapse at their instance was set aside. (¶¶ 1, 4, 5)
Held
- The writ petitioners admittedly purchased the land after the acquisition proceedings and could not point to any valid title deed, their claim resting on a general power of attorney, will and receipts which confer no title; as held in Shiv Kumar and followed in Godfrey Phillips and Pawan Kumar, a subsequent purchaser has no locus to challenge the acquisition or its lapsing, and Manav Dharam Trust is no longer good law on the point. (¶¶ 2, 3, 4)
Result
Appeal allowed; Delhi High Court judgment dated 06.08.2018 declaring the acquisition lapsed under Section 24(2) of the 2013 Act quashed; held that there is no deemed lapse of the acquisition proceedings in respect of the land; no order as to costs; pending applications disposed of.