Malik Industry vs The State Of Haryana State Of Haryana .
- SCC(2018) 13 SCC 85
- Neutral2017 INSC 1220
Ratio decidendi
The rule this decision rests on
Where compensation has not been paid to a landowner but only deposited with the Land Acquisition Collector under land acquisition proceedings, and no compensation has been paid within the period specified in Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the entire acquisition proceedings lapse.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 21802-21803/2017 (ARISING FROM SLP (C) NOS.37089-37090 OF 2013)
MALIK INDUSTRY & ANR. APPELLANT(S)
VERSUS
STATE OF HARYANA & ORS. RESPONDENT(S)
J U D G M E N T
KURIAN, J.
Leave granted.
2. The appellant approached this Court with certain grievances with regard to the acquisition of their land. During the pendency of these appeals, the appellants filed an interlocutory application praying for a declaration to the effect that on account of operation of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the whole acquisition has lapsed. Pursuant to the directions issued by this Court, the respondents have filed a Status Report. It is admitted that in the case of the appellants, the compensation amount has not been paid to them; it was only deposited with the Land Acquisition Collector.
3. Therefore, the judgment of this Court in Pune Municipal Corporation & Anr., v. Harakchand Misirimal Solanki & Ors., reported in (2014) 3 SCC 183, as it stands today, squarely applies to these appeals.
4. Accordingly, the appeals are allowed. The land Signature Not Verified acquisition proceedings initiated against the Digitally signed by NARENDRA PRASAD Date: 2017.12.16 10:34:47 IST appellants stand lapsed. However, the respondents are Reason:
given the opportunity to initiate proceedings afresh under the Right to Fair Compensation and Transparency
1 in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within a period of six months from today.
5. Pending applications, if any, shall stand disposed of.
6. There shall be no orders as to costs.
.......................J. [KURIAN JOSEPH]
.......................J. [AMITAVA ROY] NEW DELHI;
DECEMBER 12, 2017.
2
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