LUCKNOW DEVELOPMENT AUTHORITY versus MEHDI HASAN (DECEASED) THR. LRS. & ORS.

LUCKNOW DEVELOPMENT AUTHORITY versus MEHDI HASAN (DECEASED) THR. LRS. & ORS.

Possession of the land in question was taken on 13.02.2003 and delivered to the Lucknow Development Authority prior to commencement of the 2013 Act; because one of the twin conditions for deemed lapse under Section 24(2) (possession not taken and compensation not paid) is not satisfied, Section 24(2) is not attracted and the High Court's declaration of deemed lapse is unsustainable; the appeal is allowed and the High Court judgment is quashed and set aside.

Parties
Appellant: Lucknow Development Authority; Respondent: Mehdi Hasan (Deceased) through LRs & Ors.; Impleader: Subsequent purchasers (impleader)
Jurisdiction
India
Judgment Date
12 December 2022
Procedural Posture
Civil Appeal / Appeal to Supreme Court From High Court Judgment Dated 03.07.2017; Judgment on Appeal Rendered by Supreme Court
Outcome
Appeal allowed; impugned High Court judgment and order quashed and set aside; original writ petition dismissed.
Legal Topics
Section 24(2) Deemed Lapse Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Possession Taken Prior to Commencement of the 2013 Act, Tendering/payment of Compensation Under Land Acquisition Act, 1894, Interpretation of 'paid' and 'tender' for Purposes of Lapse
Land Acquisition Property Law Section 24(2) Deemed Lapse Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Possession Taken Prior to Commencement of the 2013 Act Tendering/payment of Compensation Under Land Acquisition Act, 1894 Interpretation of 'paid' and 'tender' for Purposes of Lapse

Case Brief

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Parties

Lucknow Development Authority

Appellant

Mehdi Hasan (Deceased) through LRs & Ors.

Respondent

Subsequent purchasers (impleader)

Impleader

Procedural Posture

Civil Appeal / Appeal to Supreme Court From High Court Judgment Dated 03.07.2017; Judgment on Appeal Rendered by Supreme Court

Legal Issues

  1. 1 Whether acquisition of specified land is deemed to have lapsed under Section 24(2) of the 2013 Act
  2. 2 Whether possession taken prior to commencement of the 2013 Act prevents deemed lapse under Section 24(2)
  3. 3 Whether non-tender/ non-payment or deposit of compensation in court triggers lapse under Section 24(2)

Ratio Decidendi

Possession of the land in question was taken on 13.02.2003 and delivered to the Lucknow Development Authority prior to commencement of the 2013 Act; because one of the twin conditions for deemed lapse under Section 24(2) (possession not taken and compensation not paid) is not satisfied, Section 24(2) is not attracted and the High Court's declaration of deemed lapse is unsustainable; the appeal is allowed and the High Court judgment is quashed and set aside.

Court Disposition

Appeal allowed; impugned High Court judgment and order quashed and set aside; original writ petition dismissed.

Orders

  • Impugned judgment and order dated 03.07.2017 of the High Court quashed and set aside
  • Original writ petition dismissed