Supreme Court Sets Aside High Court's Decision on Land Acquisition Lapse

07 May 2024 8:19 AM

By: Admin

New Delhi, April 11, 2023: In a significant ruling, the Supreme Court of India has set aside the decision of the High Court regarding the lapse of land acquisition proceedings. The judgment was delivered by a bench comprising Justices M.R. Shah and C.T. Ravikumar.

The appeals before the Supreme Court involved the Haryana State Industrial and Infrastructure Development Corporation Ltd. (HSIIDC) and others as appellants and M/s Honeywell International (India) Pvt. Ltd. as the respondent. The High Court had declared that the acquisition proceedings had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The Supreme Court divided the appeals into two categories. In the first category, where the original writ petitioners had challenged the acquisition proceedings under the Land Acquisition Act, 1894, and sought a declaration of lapse under Section 24(2) of the Act, 2013, the High Court's decision was solely based on a previous case. The Supreme Court ruled that the High Court's decision in these cases was unsustainable, citing another judgment by the Constitution Bench.

In the second category of appeals, where only a declaration of lapse was sought, the Supreme Court also set aside the High Court's judgments. The Court further remanded both categories of appeals back to the High Court for fresh consideration of the writ petitions on their merits, excluding the issue of the applicability of Section 24(2) of the Act, 2013.

The Supreme Court emphasized the need for an early disposal of the cases and requested the High Court to decide them within a period of nine months.

This judgment brings clarity to the issue of land acquisition lapse and provides guidance for the future interpretation of relevant laws. The decision will have a significant impact on land acquisition cases and related disputes throughout the country.

The referred cases in this judgment include Indore Development Authority v. Manoharlal & Others Etc., (2020) 8 SCC 129, and Pune Municipal Corporation v. Harakchand Misirimal Solanki, (2014) 3 SCC 183.

D.D-11.Apr.2023

Haryana State Industrial And Infrastructure Development Corporation Ltd. vs M/s Honeywell International (India) Pvt. Ltd.