Summary
The Delhi High Court declared that the acquisition of about five bighas in several khasra numbers under an award of October 2008 had lapsed under Section 24(2) of the 2013 Act for non-payment of compensation, relying on Pune Municipal Corporation, although the Land Acquisition Collector's affidavit showed that physical possession of all but three biswas, left out because of construction, was taken on 29 January 2010. The Supreme Court allowed the Delhi Development Authority's appeal: under Indore Development Authority v. Manoharlal, taking possession by drawing a panchnama or possession proceedings is sufficient compliance and no lapse occurs where possession has been taken even if compensation is unpaid, so the acquisition of the entire land could not be declared lapsed.
Issues
- Whether an acquisition can be declared lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 where possession of nearly all the land was taken by drawing possession proceedings and only compensation remained unpaid.
Provisions considered
- Section 24(2), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013Following paragraph 366 of Indore Development Authority, deemed lapse requires that neither possession was taken nor compensation paid; the mode of taking possession under the 1894 Act is by drawing an inquest report or memorandum, and once possession is taken there is no lapse or divesting. (¶¶ 3, 4, 5)
Held
- The writ petitioners' dispute about actual possession fails since possession taken by drawing proceedings is sufficient compliance under Indore Development Authority; except three biswas in Khasra No. 17/1/1 not taken because of built-up structures, possession of the land was taken on 29.01.2010, so the High Court's declaration that the entire acquisition lapsed is unsustainable. (¶¶ 2, 3, 5)
Result
Appeal allowed without costs; Delhi High Court judgment dated 25.07.2017 in WP (C) No. 5061 of 2016 quashed and set aside; no deemed lapse of the acquisition under Section 24(2) of the 2013 Act; pending applications disposed of.