2023 INSC 467

One judgment a day. That's the whole habit.

LexStreak turns the Supreme Court's output into a five-minute daily read for advocates — plain-language headnotes, the questions each judgment settles, and the full text when you need it.

Free forever plan · 30 seconds · data stays in India

2.1 On the other hand, learned counsel appearing on behalf of the original writ petitioner – respondent No. 1 herein has submitted that the actual/physical possession is with the original writ petitioner and only a paper possession was taken. It is submitted that even the possession is alleged to be taken on 31.12.2013 and before that the Act, 2013 has come into effect. It is submitted that it is rightly observed and held by the High Court that as neither the compensation was paid nor the possession was taken, there shall be deemed lapse of acquisition under Section 24(2) of the Act, 2013.

3.1 The submission on behalf of respondent No. 1 – original writ petitioner that only a paper possession was taken and actual/physical possession has not been taken is concerned, it is required to be noted that the possession of the land in question is taken over by drawing the punchnama which is held to be legal mode of taking the possession as per the decision of this Court in the case of Indore Development Authority (supra). Therefore, we have to proceed on the premise that the possession of land in question was taken over. Even the High Court has also proceeded further with the matter not disputing that the possession of the land in question was taken on 31.12.2013. However, thereafter, on the ground that no compensation has been paid/tendered to the original writ petitioner, thus, one of the two ingredients of Section 24(2) of the Act, 2013 is met, the High Court has declared that the acquisition with respect to the land in question is deemed to have lapsed. The aforesaid reasoning and the findings given by the High Court is just contrary to the law laid -down by this Court in the case of Indore Development Authority (supra). In the case of Indore Development Authority (supra), it is observed and held that for deemed lapse under Section 24(2) of the Act, 2013, twin conditions of not taking possession and not tendering/paying the compensation are required to be satisfied. Therefore, if one of the two ingredients of Section 24(2) of the Act, 2013 is not met, there shall not be any deemed lapse of acquisition under Section 24(2) of the Act, 2013.