Challenge to Acquisition proceedings under Section 24 can be made also be Subsequent purchaser

The Division Bench of Delhi High Court recently dealt with a writ petition wherein the Petitioners, who were the subsequent owners of the land which was acquired under Land Acquisition Act, 1894, filed a petition challenging the acquisition proceedings and the consequent award passed.

The Government objected to the petition on the ground that petitioners are the subsequent purchasers. Relying on the Land Acquisition Act 1894 it was argued subsequent purchasers cannot challenge the proceedings but are only entitled to seek compensation.

Delhi High Court disagreed with the submission of the government. It was held that the present petition  does not seek to challenge the acquisition proceedings but seeks a declaration of a right which has ensured to the benefit of the petitioners by virtue of the operation of Section 24(2) of the 2013 Act. Once the acquisition is deemed to have lapsed because of the operation of the deeming provision of Section 24(2) of the 2013 Act, the benefit of the same cannot be denied to the petitioners on the ground that the petitioners are subsequent purchasers.

Priyaneet Kaur Vs Govt of NCT of Delhi
WP(C) 7803/2014 decided on 23rd February, 2015