Indore Development Authority Vs. Manoharlal & Ors. Etc [S.L.P. (C) Nos. 9036-9038 of 2016] - Synopsis
Team SoOLEGAL 28 Dec 2020
In a highly dubious decision, the Supreme Court of India said that litigation under the Land Acquisition Act 1894 would not expire if the award had been tendered by deposit in the treasury (case Indore Development Authority v Manoharlal and others etc). A Bench consisting of Justice Arun Mishra, Justice Indira Banerjee, Justice Vineet Saran, Justice M. R. Shah and Justice Ravindra Bhat was hearing the matter. The Court held that landowners could not demand that the sum should be deposited before the Court in order to begin the land acquisition proceedings under the old law on the commencement of the new law on land acquisition with effect from 1st January, 2014. The Bench of judges upheld its stance in the 2018 Indore Development Authority case, overruling the judgement passed in the year 2014, in the Pune Municipal Corporation case. The bench has read 'or' in Section 24(2) of the RFCTLARR Act as 'and' to maintain that the two requirements of failure to pay compensation and also to take ownership shall progressively be permitted to lapse in the acquisition proceedings under the old land acquisition statute.


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