- The Supreme Court in a recent judgment held that a subsequent purchaser has no right to claim lapse of acquisition proceedings.
- In the present case, the land was notified to have been acquired on 25.11.1980 under Section 4 of the Land Acquisition Act, 1984.
- Declaration under Section 6 of the Act was made in 1985 the Collector declared the award in 1987.
- Filing a writ petition before the High Court, the petitioner challenged the acquisition and claimed the right, title, and interest of the land in question on the grounds of the agreement to sell dated 22.05.2016.
- The High Court also allowed the writ petition.
- The Supreme Court in appeal observed that the High Court has not considered the locus of the writ petitioner.
- The Bench comprising Justices M.R.Shah and M.M Sundresh cited the cases of Delhi Development Authority v. Godfrey Phillips (I) Ltd. And Ors, Meera Sahni Vs. Lieutenant Governor of Delhi & Ors, and M. Venkatesh & Ors. Vs. Commissioner, Bangalore Development Authoritywith regards to the right of the subsequent purchasers to claim lapse of acquisition proceedings.
- The Bench held that the subsequent buyer has got no right to claim lapse of acquisition proceedings.
- This was upheld by a Larger Bench in the case of Shiv Kumar & Anr. Vs. Union of India & Ors.
- The possession of parcels of land cannot be taken over due to pending litigations and compensation cannot be made because of pending litigation.
- In the Indore Development Authority (supra) case, the court held thatthere can be no lapse of acquisition under Section 24(2) of the 2013 RFCTLARR Act on grounds that neither can possession be taken over by authority and/or tendering the compensation on account of pending litigations.
- The appeal was allowed.
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