INDORE DEVELOPMENT AUTHORITY versus MANOHARLAL & ORS. ETC.

INDORE DEVELOPMENT AUTHORITY versus MANOHARLAL & ORS. ETC.

Section 24(2) of the Act of 2013 applies to pending proceedings as on commencement of the 2013 Act and requires both conditions—physical possession not taken and compensation not paid—for deemed lapse (the two negative conditions are cumulative); the proviso is part of Section 24(2) and deals with non-deposit for majority holdings; 'paid' does not include 'deposited'; interim court orders are excluded in computing the five-year period; once land vests in the State by possession, it is not divested by Section 24(2). Section 24(2) of the Act of 2013 must be read in context as imposing two negative conditions that are cumulative: acquisition proceedings initiated under the Land Acquisition...

Parties
Petitioner: INDORE DEVELOPMENT AUTHORITY; Respondent: MANOHARLAL & ORS.; Appellant: Indore Development Authority; Respondent: Manoharlal; INDORE DEVELOPMENT AUTHORITY; MANOHARLAL
Jurisdiction
India
Judgment Date
06 March 2020
Procedural Posture
Special Leave Petition (civil) Nos. 9036 9038 of 2016 / Judgment
Outcome
Overruled Pune Municipal Corporation & Anr. and Shree Balaji Nagar Residential Association; Reference answered.
Legal Topics
Section 24(2) RFCTLARR Act 2013, Proviso to Section 24(2), Vesting and Divesting of Land, Possession (physical Possession), Payment Vs Deposit of Compensation, Interim Orders and Exclusion of Time, Lapse of Acquisition Proceedings, Unjust Enrichment/principle of Restitution, Section 24 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 31 Land Acquisition Act, 1894, Retrospective Operation, Meaning of 'paid' and 'deposit', Construction of 'or' Conjunctive/disjunctive, Effect of Interim Court Orders on Periods, Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Repeal and Savings Clauses, Deeming/legal Fiction Provisions, Possession and Payment of Compensation, Section 6 of the General Clauses Act, 1897, Vesting of Acquired Land, Possession, Payment and Deposit of Compensation, Retrospectivity, Interpretation of Proviso and Punctuation, Construction of Provisos, Punctuation and Statutory Interpretation, Meaning of 'paid' Vs 'deposited', Lapse of Acquisition, Interest on Delayed Compensation, Rules Under Section 55/standing Orders, Vesting, Section 24(2) of the Act of 2013, Panchnama, Interim Stay/exclusion of Time, Section 34 of Act of 1894, Casus Omissus, Expressio Unius Est Exclusio Alterius, Actus Curiae Neminem Gravabit, Lex Non Cogit Ad Impossibilia, Principle of Restitution, Laches and Delay, Section 24(2) Interpretation, Deemed Lapse of Proceedings, Deposit in Court Vs Payment, Tender Under Section 31(1) of the Act of 1894, Interest Under Section 34 of the Act of 1894, Overruling Precedent
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Land Acquisition Act, 1894 General Clauses Act, 1897 Statutory Interpretation Property Law Equity and Restitution Land Acquisition Transitional Provisions +49 more

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Parties

INDORE DEVELOPMENT AUTHORITY

Petitioner

MANOHARLAL & ORS.

Respondent

Indore Development Authority

Appellant

Manoharlal

Respondent

INDORE DEVELOPMENT AUTHORITY

MANOHARLAL

Procedural Posture

Special Leave Petition (civil) Nos. 9036 9038 of 2016 / Judgment

Legal Issues

  1. 1 Whether Section 24(2) of the Act of 2013 requires both non-taking of physical possession and non-payment of compensation (i.e. conditions to be read cumulatively) for lapse of pending acquisition proceedings
  2. 2 Whether the proviso to Section 24(2) is part of Section 24(2) or part of Section 24(1)(b)
  3. 3 Whether the expression 'paid' in Section 24(2) includes 'deposited' (deposit in court)

Ratio Decidendi

Section 24(2) of the Act of 2013 applies to pending proceedings as on commencement of the 2013 Act and requires both conditions—physical possession not taken and compensation not paid—for deemed lapse (the two negative conditions are cumulative); the proviso is part of Section 24(2) and deals with non-deposit for majority holdings; 'paid' does not include 'deposited'; interim court orders are excluded in computing the five-year period; once land vests in the State by possession, it is not divested by Section 24(2). Section 24(2) of the Act of 2013 must be read in context as imposing two negative conditions that are cumulative: acquisition proceedings initiated under the Land Acquisition...

Court Disposition

Overruled Pune Municipal Corporation & Anr. and Shree Balaji Nagar Residential Association; Reference answered.

Orders

  • Pune Municipal Corporation & Anr. (supra) is overruled.
  • Shree Balaji Nagar Residential Association (supra) is overruled and decisions following it are overruled.