Once Land Acquisition Proceedings Lapse Under Section 24(2) RFCTLARR Act, Owner Cannot Seek Release Of Land Under Section 48 Of 1894 Act : Supreme Court

The Supreme Court has observed that once the High Court has passed an order of lapsing acquisition proceedings by virtue of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("Act"), landowners cannot revert back on the plea that they are entitled to seek release of land in terms of Section 48 of the Land Acquisition Act, 1894.

The bench of Justices Hemant Gupta and V Ramasubramanian was considering a Special Leave Petition assailing Delhi High Court's order dated September 23, 2014 ("impugned judgement").

In the impugned judgement, the High Court had allowed the writ petition filed by the respondents holding that acquisition proceedings stand lapsed in terms of Section 24(2) of the Act.

While allowing the appeal, the bench in Government Of NCT Of Delhi Through Its Secretary & Ors. V. Om Prakash & Ors. said, "Once the High Court has passed an order of lapsing of the acquisition proceedings by virtue of Section 24(2) of the Act, the landowners cannot revert back on the plea raised that they are entitled to seek release of land in terms of Section 48 of the Land Acquisition Act, 1894 since repealed."

The bench further observed that the order passed by the High Court is not sustainable in view of the judgement in Indore Development Authority vs. Manohar Lal.

Appearing for the landowners, Senior Advocate Neeraj Kumar Jain submitted that the challenge in the writ petition was to an order passed by the appellant on a representation u/s 48 of the Land Acquisition Act, 1894 in terms of the directions issued by the High Court. He thus prayed for remanding the matter back to the High Court.

The bench also granted the State Government liberty to withdraw from the acquisition of any land of which possession has not been taken.

"Section 48 of the erstwhile Land Acquisition Act does not confer any right with a landowner to seek withdrawal from the acquisition from the State Government," Court further said while setting aside High Court's order.

Case Title: Government Of NCT Of Delhi Through Its Secretary & Ors. V. Om Prakash & Ors.|Civil Appeal No. 199 of 2022

Citation : 2022 LiveLaw (SC) 47

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