AGRA DEVELOPMENT AUTHORITY, AGRA versus ANEK SINGH AND OTHERS

AGRA DEVELOPMENT AUTHORITY, AGRA versus ANEK SINGH AND OTHERS

The High Court's reliance on Pune Municipal Corporation was unsustainable because that decision was overruled by the Constitution Bench in Indore Development Authority v. Manoharlal; applying Indore, the facts did not establish a deemed lapse under Section 24(2) of the 2013 Act (possession had been taken and/or compensation obligation had been fulfilled/tendered), hence the acquisition proceedings had not lapsed and the High Court order was quashed and set aside.

Parties
Appellant: Agra Development Authority, Agra; Respondents: Anek Singh and Others
Jurisdiction
India
Judgment Date
20 May 2022
Procedural Posture
Civil Appeal No.2914 of 2022 / Appeal From High Court Judgment Dated 25.01.2017 in Civil Misc. Writ Petition No.13927 of 2016
Outcome
Appeal allowed
Legal Topics
Lapse of Proceedings, Interpretation of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Payment and Deposit of Compensation, Precedent and Overruling
Land Acquisition Statutory Interpretation Lapse of Proceedings Interpretation of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Payment and Deposit of Compensation Precedent and Overruling

Case Brief

Summary, issues, holding and outcome

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Parties

Agra Development Authority, Agra

Appellant

Anek Singh and Others

Respondents

Procedural Posture

Civil Appeal No.2914 of 2022 / Appeal From High Court Judgment Dated 25.01.2017 in Civil Misc. Writ Petition No.13927 of 2016

Legal Issues

  1. 1 Whether the acquisition proceedings with respect to the land had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 because compensation was not actually paid to the land owners
  2. 2 Whether the High Court was correct in relying on Pune Municipal Corporation (2014) 3 SCC 183 after that decision was overruled by a Constitution Bench in Indore Development Authority v. Manoharlal (2020) 8 SCC 129
  3. 3 Whether deposit of compensation in court or deposit with Special Land Acquisition Officer constitutes 'payment' under Section 24(2) or related provisions

Ratio Decidendi

The High Court's reliance on Pune Municipal Corporation was unsustainable because that decision was overruled by the Constitution Bench in Indore Development Authority v. Manoharlal; applying Indore, the facts did not establish a deemed lapse under Section 24(2) of the 2013 Act (possession had been taken and/or compensation obligation had been fulfilled/tendered), hence the acquisition proceedings had not lapsed and the High Court order was quashed and set aside.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and order of the High Court quashed and set aside
  • Writ petition dismissed