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Indore Development Authority v. Manoharlal and Ors. Etc.

Civil Appeal · 2020 INSC 294Decided 6 Mar 2020
Civil Appeal No. 19356 of 2017
Justice Arun Mishra · Justice Indira Banerjee · Justice Vineet Saran · Justice M.R. Shah · Justice S. Ravindra Bhat

Background

This Constitution Bench judgment answers a question of law; it does not decide this appeal itself. Section 24(2) of the 2013 Land Acquisition Act says an old acquisition lapses if, for five years or more, the authorities did not take possession and did not pay compensation. Earlier decisions, including Pune Municipal Corporation v. Harakchand Misrimal Solanki, had read this differently.

Decision Breakdown

This is not a final judgment in this appeal. The five-judge bench overruled Pune Municipal Corporation and settled how Section 24(2) is to be read: an acquisition lapses only where both possession was not taken and compensation was not paid or deposited. It then directed that the individual matters be placed before the appropriate bench to be decided on their facts.

Lesson Learnt

An old land acquisition does not lapse under Section 24(2) merely because one of the two steps, taking possession or paying compensation, was missed.

Official source (sci.gov.in)View Judgment (PDF)

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