Supreme Court of India
M/s. Competent Automobiles Co. Ltd. v. Union of India & Ors.
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What the Court ordered
Held as under: F "The right conferred to the land holders/owners of the acquired land under Section 24(2) of the Act is the statutory right and, therefore, the said right cannot be taken away by an Ordinance by inserting proviso to the · • abovesaid sub-Section without giving retrospective G effect to the same." The legal position has been subsequently reiterated by this Court in Arvind Bansal v.
Judgment, page 4
From the headnote
Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013: s.24(2) - Declaration of lapse of acquisition u/s.24(2) - In these appeals, questions whether award uls.11 of LA Act, 1894 was passed on or before 1.1.2009; that compensation 0 was not paid or possession was not taken over by the acquirer were not answered - If the award is over 5 years old; the compensation has not been paid; or possession of the land has not been taken, the acquisition is liable to be quashed - In all these appeals, submission of land owners was that either possession
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