Summary
Land in Delhi was notified in 1960, declared in 1969 and awarded on 31 January 1983. According to the Land Acquisition Collector, possession was handed over to the DDA on 4 March 1983. About 55 years after the notification, a landowner challenged the acquisition. The Delhi High Court did not examine possession and declared a lapse under Section 24(2) of the 2013 Act for non-tender of compensation, relying on Pune Municipal Corporation. The Supreme Court reversed this. Indore Development Authority v. Manoharlal overruled Pune Municipal Corporation and requires both non-possession and non-payment for a lapse. The possession certificate showed possession had been taken in 1983, so there was no lapse.
Issues
- Whether an acquisition lapses under Section 24(2) of the 2013 Act where possession was taken in 1983 but compensation was not tendered.
Provisions considered
- Section 24(2), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013Following paragraphs 365 and 366 of Indore Development Authority v. Manoharlal, lapse requires both that possession was not taken and that compensation was not paid; if either condition fails there is no lapse. (¶ 3.1)
Held
- The High Court, without examining the specific case that possession was taken on 04.03.1983 and handed to the DDA, declared lapse in a writ petition filed about 55 years after the acquisition, relying on Pune Municipal Corporation, which the Constitution Bench in Indore Development Authority has overruled. (¶¶ 2.1, 3, 3.1)
- In view of the possession certificate and the Collector's case that possession was taken and handed over to the DDA, the twin conditions for lapse were not satisfied, and the declaration of lapse was quashed. (¶ 4)
Result
Civil Appeal No. 9229 of 2022 allowed without costs; the Delhi High Court judgment dated 01.12.2015 in Writ Petition (C) No. 27 of 2015, declaring the acquisition lapsed under Section 24(2) of the 2013 Act, quashed and set aside.