The Supreme Court obitered that two parameters have to be met for the land acquisition proceedings to lapse.
The High Court has declared that the acquisition of the land in question is deemed to have lapsed, but the Supreme Court has found this reasoning to be contrary to the law laid down in the case of Indore Development Authority. In that case, it was held that for deemed lapse under Section 24(2) of the Act, 2013, both the 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.
The twin conditions required for deemed lapse under Section 24(2) of the Act, 2013 are not taking possession and not tendering/paying the compensation.