IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6357 OF 2017
[@ SPECIAL LEAVE PETITION (C) NO. 28055 OF 2014 ]
SHIVAJI SHAMRAO PATIL SINCE DECEASED
BY HIS L.R. RANJANA SHIVAJI PATIL & ORS. Appellant (s)
THE SPECIAL LAND ACQUISITION OFFICER,
NO. 14, KOLHAPUR, MAHARASHTRA & ORS. Respondent(s)
J U D G M E N T
1. Leave granted.
2. On 28.10.2016, this Court passed the following order :-
“The parties to get instructions on the following aspects:-
1) When was the award passed?
2) Was possession taken subsequent to the award and whether compensation
has been paid, if so, when?
3) What was the period of the operation of the interim orders
restraining them from taking possession?”
3. The specific instruction on the second aspect is that though the
award is dated 05.02.1988, so far no compensation has been paid. If that
is so, it squarely falls under the provision of lapse under Section 24(2)
of The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, since no compensation has been
paid to the appellants despite passing of the award five years prior to
01.01.2014, when the Act came into force, although according to the
respondents, it is lying in the Revenue deposit.
4. This Court, in Pune Municipal Corporation & Ors. Vs. Harakchand
Misirimal Solanki & Ors., reported in (2014) 3 SCC 183, made it clear that
the deposit made in treasury will not save the lapse referred to under
Section 24(2) unless the compensation is actually paid to the land owners
or deposit in terms of Section 31 of the Land Acquisition Act, 1894.
5. Therefore, the proceedings have lapsed. However, the respondents are
granted a period of one year from today to exercise the liberty under
Section 24(2) of The Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013.
6. With the above observations and directions, the appeal is disposed
[ KURIAN JOSEPH ]
[ R. BANUMATHI ]
May 04, 2017.