It is wrong to cancel land acquisition for not taking compensation : Supreme Court
The Supreme Court has canceled more than 10 decisions of the High Court, removing the cloud of doubt in the cases of land acquisition action under the old law. The High Court had struck down acquisition proceedings in cases of land taken under the old law of 1894 and ordered enhanced compensation under the new law (2013).
The Delhi government had challenged the orders of the High Court by filing ten SLPs in the Supreme Court. The hearing was held on Friday before a bench of Justice MR Shah and Justice CT Ravikumar.
Isolated cases: In all these cases, somewhere the compensation was not raised, somewhere the compensation was not accepted. Somewhere the matter was pending in the court for five years, somewhere the compensation was deposited in the court but the farmer did not raise it. Somewhere the action to increase the compensation was pending in the court, and somewhere the government had taken possession of the land. Somewhere the possession was taken but compensation was not given.
The Constitution Bench had said that under Section 24 (2) of the new law, if the case is any of the above, then it will be considered closed and will be acquired again under the new law.
The Supreme Court is considering these cases on behalf of the High Court despite the provision of constitution bench. This is not correct, he should implement the new decision.
Delhi High Court erred in judgment
In cases of land acquisition proceedings under the old law, the Supreme Court has said that the Delhi High Court has made a mistake. The matters came up before a bench of Justice MR Shah and Justice CT Ravikumar on Friday. The state government had filed ten SLPs challenging the orders of the High Court. The bench heard the cases. Said that the Delhi High Court has made a mistake in these matters. That it has observed the judgment in Pune Municipal Corporation and others v. Harkchandra Mishrilal Solanki etc. (2014) and declared that the land acquisition proceedings of the 1894 Act have lapsed under Section 24(2) of the 2013 Act Because the landowner was not given compensation. The Supreme Court has said that the High Court is considering these cases despite the constitution bench’s order, it is not correct, it should implement the new decision.
Acquisition action will not be canceled
• If the award is not made by January 1, 2014 (the date of enforcement of the new law), then the acquisition will not lapse but the compensation will be determined as per the 2013 law.
• If the award is made within 5 years and interim order of the court, then the acquisition will not be cancelled. • If due to the negligence of the authority the enforcement of the law
• Neither compensation was paid nor paid for five years before
• If possession is taken, it will be considered as lapse.
• If compensation is given and possession is not taken or possession is taken and compensation is not paid then the action will not lapse.
• Acquisition will not lapse if compensation is not deposited in the court, if compensation is not deposited in favor of most of the landowners in the acquisition till the date of notification of section 4 of the old law, then all landowners will get compensation under the 2013 Act.
• If compensation was offered but not taken by him, the action as per section 24(2) will not lapse because the obligation to pay compensation was discharged by making the offer
• The acquisition will not lapse after the government has taken possession as divesting cannot be done under section 24(2).
