VidhiSangh

Supreme Court of India · 13/03/2023

UNION OF INDIA THROUGH LAND ACQUISITION COLLECTOR versus RAJESH KUMAR AND ORS.

[2023] 2 S.C.R. 191 · 2023 INSC 216

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Summary

The Delhi High Court declared that the acquisition of agricultural land under the Land Acquisition Act, 1894 had lapsed under Section 24(2) of the 2013 Act solely because compensation had not been paid or tendered, relying on Pune Municipal Corporation, even though the writ petitioner had admitted in the petition that possession was taken in September 1997. The Supreme Court allowed the Union's appeal: Pune Municipal Corporation stands overruled by the Constitution Bench in Indore Development Authority, under which lapse occurs only where neither possession has been taken nor compensation paid, so an admitted taking of possession rules out any deemed lapse.

Issues

  1. Whether land acquisition proceedings can be declared to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on the ground of non-payment of compensation alone, where possession of the land was admittedly taken.

Provisions considered

Held

Result

Appeal allowed without costs; Delhi High Court judgment dated 02.08.2016 in W.P.(C) No. 9269 of 2014 quashed and set aside; writ petition dismissed and the acquisition held not to have lapsed under Section 24(2) of the 2013 Act.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 191.