Summary
The Delhi High Court, while itself noting that possession of the land had been taken on 12 March 1981, declared the acquisition lapsed under Section 24(2) of the 2013 Act because compensation was not paid, relying on Pune Municipal Corporation. The Supreme Court condoned the Government of NCT of Delhi's long delay in appealing, consistently with similar orders and because the decision relied on had been overruled, and allowed the appeal: under the Constitution Bench ruling in Indore Development Authority v. Manoharlal the twin conditions of possession not taken and compensation not paid must both be satisfied, so once possession was taken in 1981 there was no lapse; the writ petition was dismissed.
Issues
- Whether an acquisition lapses under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for non-payment of compensation where possession was taken in 1981, and whether the State's delayed appeal should be entertained.
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, deemed lapse requires both that possession was not taken and that compensation was not paid; if either condition is unsatisfied there is no lapse. (¶¶ 4, 5)
Held
- Although there was a huge delay in filing the appeal, it was condoned in view of similar orders by different Benches and because the High Court had followed Pune Municipal Corporation, whose overruling extends to all decisions relying on it; possession having been taken on 12.03.1981, the declaration of lapse is unsustainable. (¶¶ 2, 3, 5, 6)
Result
Delay condoned; appeal allowed without costs; Delhi High Court judgment dated 30.05.2016 in WP (C) No. 1399 of 2014 quashed and set aside and the writ petition dismissed; pending applications disposed of.