Case title:
Government of NCT of Delhi Vs. Krishna Saini & Ors.
Date of Order:
2nd December, 2022
Bench:
Justice M.R. Shah and Justice C.T. Ravikumar
Parties:
Appellant- Government of NCT of Delhi
Respondent- Krishna Saini & Ors.
SUBJECT
The division bench of Justices M.R. Shah and C.T. Ravikumar set aside the Delhi High Court decision and was of the opinion that acquisition proceedings cannot be solely denied because compensation has not been tendered. It also overruled its past decision of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., [(2014) 3 SCC 183] which was relied upon by the Delhi High Court in passing the impugned order.
IMPORTANT PROVISIONS
Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in certain cases :
- Despite anything in subsection (1), if land acquisition procedures are started under the Land Acquisition Act of 1894 (1 of 1894), and an award under section 11 has been issued at least five years prior to the start of this Act, but the actual possession of the land has not yet been transferred, the aforementioned processes shall be regarded to have lapsed if the land has not been acquired or the compensation has not been paid, and the competent Government may, at its discretion, reopen the land acquisition proceedings in line with the provisions of this Act.
- All beneficiaries listed in the notification for acquisition under Section 4 of the aforementioned Land Acquisition Act shall be entitled to compensation in accordance with the provisions of this Act if an award has been made but compensation in respect of a majority of land holdings has not yet been deposited in the accounts of the beneficiaries.
BRIEF FACTS
The Government of NCT of Delhi was unhappy with the disputed decision passed by the Delhi High Court and had therefore filed the current appeal against the same judgement and order which declared that the Land Acquisition Act, 1894 acquisition proceedings initiated in relation to the subject land have expired under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
ISSUES RAISED
Whether land acquisition proceedings initiated under the 1984 Land Acquisition Act can be lapsed by virtue of Section 24(2) of the 2013 Act of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement ?
ANALYSIS
- The Court was of the opinion that a very specific case of possession of the land in question by the appellants (original respondents) was presented before the High Court.
- The High Court solely on the ground of the not tendering of the compensation and the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., [(2014) 3 SCC 183] allowed the writ petition and declared a lapse on the land acquisition proceedings under Section 24(2) of the Right of Fair Compensation Act.
- The Apex Court noted that the above mentioned Pune Municipal Corporation decision has been specifically overruled by the constitution bench of the Court in Indore Development Authority Vs. Manoharlal and Ors. [(2020) 8 SCC 129].
CONCLUSION
- In light of the aforementioned and given that while issuing the impugned ruling the High Court's decision was based on the Municipality of Pune and Anr. case (supra) which has been specifically rejected by this Court, in the case of the Indore Development Authority (supra), the impugned order cannot be sustained. The same is duly quashed and set aside since it is deserving of doing so.
- As a result, the current appeal is granted. No charges. Any outstanding applications are also dismissed.
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