THE SECRETARY, THE DEPARTMENT OF LAND AND BUILDING AND ORS. versus ANJEET SINGH (DEAD) THROUGH LRS. AND ANR.

Summary

Land in Lado Sarai, New Delhi was acquired under an award of 14.09.1986, and the State said possession was taken on 22.09.1986. Compensation was withheld because the co-owners disputed their entitlement. Following its earlier ruling in Jagjeet Singh on the same khasra, which relied on Pune Municipal Corporation, the Delhi High Court declared the acquisition lapsed under Section 24(2) of the 2013 Act without examining possession. The Supreme Court set this aside. The dismissal of an appeal against Jagjeet Singh before Indore Development Authority, and of a review on the ground of delay, did not help the landowners. Lapse requires both non-possession and non-payment. Landowners whose own inter se dispute held up payment cannot rely on non-payment to claim lapse.

Issues

1. Whether acquisition lapsed under Section 24(2) of the 2013 Act where possession was said to have been taken in 1986 and compensation was withheld owing to a dispute among co-owners.

Provisions considered

• Section 24(2), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013Per Indore Development Authority, both conditions—possession not taken and compensation not paid—must be satisfied for deemed lapse; if either fails there is no lapse. (¶ 3.4)

Held

• Dismissal of the appeal against Jagjeet Singh, when the law was unsettled, and of the review on the ground of delay, is of no assistance after the Constitution Bench decision in Indore Development Authority overruled Pune Municipal Corporation. (¶¶ 3.2, 3.3)
• The High Court declared lapse on non-payment without deciding the State's case that possession was taken on 22.09.1986; both conditions being necessary, the declaration cannot stand. (¶ 3.4)
• Where compensation was not paid because of an inter se dispute among co-owners, as the landowners admitted, they cannot complain that non-payment caused the acquisition to lapse. (¶¶ 3.5, 3.6)

Result

Civil Appeal No. 8196 of 2022 allowed; the Delhi High Court judgment dated 25.04.2017 in Writ Petition (C) No. 203 of 2015 declaring the acquisition of Khasra No. 156, village Lado Sarai lapsed set aside; no costs.