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2017 (8) TMI 1500 - HC - Indian LawsLapse of acquisition in respect of the suit lands - Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - registered owners - non-payment of compensation - Held that:- It is quite evident therefore that the LAC has admitted that compensation in respect of the suit lands to the extent of 1 bigha in each petition was not paid. As to what is meant by “payment” has been explained in one of the earlier authorities of the Supreme Court in relation to Section 24(2) of the Act i.e. Pune Municipal Corporation and Anr. v. Harak Chand Misrimal Solanki and Ors. [2014 (1) TMI 1643 - SUPREME COURT OF INDIA], where it was clearly stated that “payment” connotes the aspect of tendering to the land owner and in the event of refusal by him or her, its deposit in the Court by the Collector - In the present case, therefore, there is a clear admission that the respondents did not pay the land owners the compensation they were entitled to - The petitioner acquired the property through registered sale deed on 28.06.1988. Upon these facts, the Court is unable to sustain the respondent’s objection that the property had vested in the Gaon Sabha since the award determined the compensation in its favour. The Court is of the opinion that the petitioners’ rights as subsequent purchasers and secondly “persons interested”, prior to the acquisition has to be recognized - it is declared that the acquisition in respect of the suit lands i.e. Khasra Nos.19/18, 19/19 and 19/23, Village Pansali are deemed to have lapsed - petition allowed.
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