AI Structured Summary
Not yet generated for this judgment
Judgment
Arup Kumar Goswami, CJ
Heard learned Government Pleader for Land Acquisition for the appellants and Mr. T. Balaji, learned counsel for the respondent.
This appeal is presented against the order dated 19.01.2018 passed in W.P.No.10326 of 2007.
By the order impugned, the land acquisition proceedings issued in respect of the lands of the respondent/writ petitioner were deemed to have been lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the Act") and accordingly, the land acquisition proceedings in Rc.No.G5/3969/2006 were set aside.
The aforesaid order was passed solely basing on the decision of the Hon'ble Supreme Court in Pune Municipal Corporation v. Harakchand Misirimal Solanki, reported in (2014) 3 SCC 183, Sharma Agro Industries v. State of Haryana and others, reported in (2015) 3 SCC 341 and Sree Balaji Nagar Residential Association v. State of Tamil Nadu and others, reported in (2015) 3 SCC 353 on an interpretation of Section 24(2) of the Act.
In Indore Development Authority v. Manoharlal and others reported in (2020) 8 SCC 129, the decisions rendered in Pune Municipal Corporation and Sree Balaji Nagar Residential Association (supra) were overruled. Sharma Agro Industries (supra) was passed following Pune Municipal Corporation (supra).
As the aforesaid judgments have been held to be not laying down good law in view of the Constitution Bench judgment in Indore Development Authority (supra), the impugned order is set aside and the case is remanded back to the learned single Judge for fresh disposal.
The Writ Appeal is allowed. No order as to costs.
Pending miscellaneous applications, if any, shall stand disposed of.