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Civil Property & InheritanceSupreme Court of India

Ram Kishan v. State of Haryana

Interlocutory Application · Neutral citation not assigned (Interlocutory Application Nos. 3-4 of 2014 in Civil Appeal No. 3872 of 2010)Decided 27 Nov 2014
Interlocutory Application Nos. 3-4 of 2014 in Civil Appeal No. 3872 of 2010
Justice V. Gopala Gowda · Justice C. Nagappan

Background

Five landowners participating in a pending acquisition appeal sought relief under section 24(2) of the 2013 land-acquisition law. Their Sonipat land had been covered by a January 14, 2006 award, but they continued to possess and cultivate it. They said the authorities had neither taken physical possession nor paid compensation when the new law came into force.

Decision Breakdown

The Supreme Court allowed their application and quashed the acquisition proceedings concerning the land of appellant Nos. 24-28. It found that the award was more than five years old on January 1, 2014 and that neither physical possession nor compensation had been provided. Applying the decisions then governing section 24(2), it held the acquisition had lapsed. The Court also repeated the then-existing rule that time covered by court stays was not excluded from the five-year period. The relief was limited to the applicants' land rather than the entire acquisition.

Lesson Learnt

These owners obtained release of their land because the statutory conditions, as interpreted in 2014, were satisfied. The judgment's reliance on Pune Municipal Corporation and its treatment of court-stay periods must be read with subsequent changes in the law.

Ram Kishan v. State of Haryana – Legal Case Shots | LegalAware