The division judge bench of Justice M.R. Shah and Justice M.M. Sundresh of the apex court in the case of Delhi Development Authority Vs Krishan Lal Arora & Ors held that once award has been passed on taking possession under Section 16 of the 1894 Act, the land vests in State there is no divesting provided under Section 24(2) of the 2013 Act, as once possession has been taken there is no lapse under Section 24(2).
BRIEF FACTS
The factual matrix of the case is that the Delhi Development Authority filed the current appeal after the High Court granted the writ petition filed by the original landowner, who is also the original writ petitioner and respondent in this case, and held that the acquisition of the property in question had expired under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013.
COURT’S OBSERVATION
The hon’ble court held that the order passed by the High Court, it is seen that though the possession of the land in question was already taken over by the Land Acquisition Collector / L& B Department, Government of NCT of Delhi, the acquisition is ordered to be lapsed solely on the ground that the compensation has not been paid to the landowner. According to the High Court, as the compensation has not been paid to the original writ petitioner – original landowner, Section 24(2) of the Act, 2013 shall be attracted and therefore the acquisition is deemed to have been lapsed.
The view taken by the High Court is just contrary to the Constitution Bench decision of this Court in the case of Indore Development Authority Vs. Manoharlal and Ors. (2020) 8 SCC 129. The impugned judgment and order passed by the High Court ordering lapse of the acquisition with respect to the land in question under Section 24(2) of the Act, 2013 is hereby quashed and set aside.
CASE NAME- Delhi Development Authority Vs Krishan Lal Arora & Ors
CITATION- CIVIL APPEAL NO. 7960 OF 2022
CORUM- Justice M.R. Shah and Justice M.M. Sundresh
DATE- 02.11.22
Read Judgment @Latestlaws.com:
Picture Source :