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M/S. Competent Automobiles Co. Ltd. v. Union of India

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 5054 of 2008, order of 26 February 2015)Decided 26 Feb 2015
Civil Appeal No. 5054 of 2008
Justice Vikramajit Sen · Justice Prafulla C. Pant

Background

This order does not decide the main case. Land owners in a batch of connected appeals claimed that the acquisition of their land was deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Decision Breakdown

This is not a final decision on the main case. The Court explained the test for a deemed lapse under Section 24(2): an award under Section 11 made five years or more before the 2013 Act, together with non-payment of compensation or possession not being taken. It then disposed of the appeals without entering on the merits. It gave the land owners liberty to start fresh proceedings under Section 24 before the proper forum, and liberty to revive these appeals within 90 days if any such order goes against them.

Lesson Learnt

There is no final ruling yet on whether this acquisition has lapsed under Section 24(2). The land owners keep the right to raise the issue afresh and to revive the appeal if they lose.

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

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