Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rehabilitation and Resettlement Act 2013 Right to Fair Compensation and Transparency in Land Acquisition s. 24(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 : s. 24(2) – Land acquisition, when deemed to have lapsed – Subject land acquired in 1992 for resettlement Project – Consent award passed – Thereafter, order passed for payment of 90% and 10% compensation, however the land owner did not accept the same – Land owner applied for cancellation of acquisition – Thereafter, order of compensation under the award came to be cancelled – However, land owner in possession of land and continued to cultivate– Thereafter, the amount of compensation as granted by the consent award restored – Writ petition by the land owner for setting aside the consent award – Meanwhile, 2013 Act came into effect – High Court held the acquisition deemed to have lapsed in view of s. 24(2) – On appeal, held: For a deemed lapse u/s. 24(2), there shall be a lapse on the part of the Acquiring Body / beneficiary in not taking the possession and not paying the compensation – Both the conditions not satisfied – There was a consent award under the 1894 Act – Possession was taken by drawing the panchnama at the time of passing of the consent award – However, because of the reluctance on the part of the land owner, he did not actually and physically hand over the possession and continued to cultivate the acquired land which actually vested in the State Government – Compensation was offered pursuant to the consent award but the land owner refused to accept the same, thus, there cannot be any deemed lapse of acquisition u/s. 24(2) – Once the land owner refuses to accept the amount of compensation offered by the Acquiring Body, it would not be open for the original land owner to pray for lapse of acquisition on the ground that the compensation has not been paid – High Court did not appreciate and consider the conduct on the part of the land owner – Thus, impugned the order of the High Court quashed and set aside. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 253 |
Petitioner | State Of Gujarat And Ors. |
Respondent | Jayantibhai Ishwarbhai Patel |
SCR | [2023] 2 S.C.R. 696 |
Judgement Date | 2023-03-17 |
Case Number | 1753 |
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