Lapsing of Land Acquisition Under Section 24(2) and the Validity of Subsequent Allotments.
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Case: NAMDEV BHAGWAN KHEDKAR THRU POA SHRI. DR. DHANANJAY NAMDEV KHEDKAR v. STATE OF MAHARASHTRA THRU CHIEF SECRETARY, MANTRALAYA AND ORS
Court: Bombay High Court
Date: 24-07-2026
Law: Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, Land Acquisition Act.
Highlights of the Judgment:
- Interpretation of the twin conditions for deemed lapsing of land acquisition under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- Application of the Constitution Bench precedent in Indore Development Authority regarding the conjunctive reading of possession and compensation.
- Analysis of the mandatory procedural requirements for taking advance possession under Section 17 of the Land Acquisition Act, 1894.
- Evidentiary standards for proving physical possession, emphasizing the necessity of panchanamas or possession receipts over internal departmental communications.
- Examination of the Maharashtra Amendment to Section 24(2) concerning deemed possession through revenue record entries within three years of an award.
- Judicial scrutiny of the validity of land allotments to project-affected persons when the underlying acquisition has lapsed by operation of law.