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.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.