Lapsing of Land Acquisition Under Section 24(2) and Mandatory Prerequisites for Advance Possession.
🔒 For Members Only
Case: NAMDEV BHAGWAN KHEDKAR THR. POA DR. DHANANJAY NAMDEV KHEDKAR v. STATE OF MAHARASHTRA THR. CHIEF SECRETARY 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:
- An interpretation of Section 24(2) of the 2013 Act regarding the lapsing of land acquisition proceedings.
- Application of the twin-condition test established by the Supreme Court in the "Indore Development Authority" precedent.
- Analysis of Section 17 of the Land Acquisition Act, 1894, concerning mandatory prerequisites for claiming advance possession.
- Evidentiary standards required to prove physical possession in the absence of a panchanama or possession receipt.
- Examination of the Maharashtra Amendment to Section 24(2) regarding deemed possession through revenue record entries.
- Legal consequences of the State failing to serve mandatory notices under Section 12(2) of the 1894 Act.
- The weight of internal fact-finding reports in rebutting State claims of land vesting and compensation payment.