Reviewed case brief
Indore Development Authority v Manoharlal
(2020) 8 SCC 129
A Constitution Bench of the Supreme Court overruled the earlier decision in Pune Municipal Corporation v Harakchand Solanki (2014) and held that Section 24(2) of the LARR Act 2013 requires both conditions to be cumulatively satisfied for deemed lapse: compensation must not have been paid AND physica
- Court
- Supreme Court of India
- Year
- 2020
- Subjects
- Land Laws
- Reviewed
- 2026-06-18
Rule established
Section 24 of the Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 (LARR Act) requires both conditions (no compensation paid and no physical possession taken) to be satisfied for deemed lapse of old acquisitions
Facts
- Multiple land acquisitions were initiated under the Land Acquisition Act 1894 (the 1894 Act) across various states
Issues
Held
- **Both conditions must be cumulatively satisfied** for Section 24(2) to operate; the word "and" is conjunctive, not disjunctive
Ratio decidendi
Section 24(2) of the LARR Act 2013 provides for deemed lapse of old acquisitions only where BOTH conditions are fulfilled: compensation has not been paid (deposit in court or treasury constitutes payment) AND physical possession has not been taken. The provision uses "and" in a conjunctive sense and cannot be read disjunctively. This overrules the interpretation in Harakchand Solanki that treated the conditions as alternatives.
How to use it in an exam
- Essential authority on the transition from the 1894 Act to the LARR Act 2013
Editorial source
(2020) 8 SCC 129; verified via SCC Online
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.