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1 - 10 of 15 (1.85 seconds)Pune Municipalc Corp.& Anr vs Harakchand Misirimal Solanki & Ors on 24 January, 2014
“365. Resultantly, the decision rendered in Pune
Municipal Corpn. [Pune Municipal Corpn. v. Harakchand
Misirimal Solanki, (2014) 3 SCC 183] is hereby overruled
and all other decisions in which Pune Municipal Corpn.
[Pune Municipal Corpn. v. Harakchand Misirimal Solanki,
(2014) 3 SCC 183] has been followed, are also overruled.
Section 31 in The Land Acquisition Act, 1894 [Entire Act]
Section 4 in The Land Acquisition Act, 1894 [Entire Act]
Indore Development Authority vs Shailendra (Dead) Through Its Lrs. And ... on 8 February, 2018
In Indore Development Authority v. Shailendra
[(2018) 3 SCC 412], the aspect with respect to the proviso
to Section 24(2) and whether “or” has to be read as “nor” or
as “and” was not placed for consideration. Therefore, that
decision too cannot prevail, in the light of the discussion in
the present judgment.
The Land Acquisition Act, 1894
Indore Development Authority vs Manoharlal And Ors. Etc. on 6 March, 2020
4. As per the law laid down by this Court in the case of Indore
Development Authority (supra), the period of stay of taking over
the possession has to be excluded for the purpose of Section
24(2) of Act, 2013. Even otherwise, once having obtained the stay
of possession, thereafter, it will not be open for the landowners to
contend that as the possession (which is not taken due to stay)
has not been taken therefore, there would be lapse under Section
24(2) of the Act, 2013.