ARUN MISHRA,J. -
(1.)In Indore Development Authority v. Shailendra (Dead) through LRs. & Others [C.A No.20982 of 2017] correctness of the decision of Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki [2014 (3) SCC 183] has been doubted. The main issue is interpretation of section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act of 2013') and section 31 of the Land Acquisition Act, 1894 (for short, 'the Act of 1894').
(2.)In Yogesh Neema and Ors. v. State of M.P. and Ors. [S.L.P. [C] No.10742 of 2008] vide order of 12.1.2016, observing that other question, that may arise undoubtedly to be considered question Nos. IV and V have been referred. Following questions arises for consideration:
I. What is the meaning of the expression 'paid'/ 'tender' in Section 24 of the Act of 2013 and section 31 of the Act of 1894? Whether non-deposit of compensation in court under section 31(2) of the Act of 1894 results into a lapse of acquisition under section 24(2) of the Act of 2013. What are the consequences of non-deposit in Court especially when compensation has been tendered and refused under section 31(1) of the Act of 1894 and section 24(2) of the Act of 2013? Whether such persons after refusal can take advantage of their wrong/conduct?
II. Mode of taking physical possession as contemplated under section 24(2) of the Act of 1894.
III. Whether section 24 of Act of 2013 revives barred and stale claims?
IV. Whether the conscious omission referred to in paragraph 11 of the judgment in Shree Balaji Nagar Residential Association v. State of Tamil Nadu [(2015) 3 SCC 353] makes any substantial difference to the legal position with regard to the exclusion or inclusion of the period covered by an interim order of the Court for the purpose of determination of the applicability of Section 24(2) of the 2013 Act?
V. Whether the principle of "actus curiae neminem gravabit", namely act of the Court should not prejudice any parties would be applicable in the present case to exclude the period covered by an interim order for the purpose of determining the question with regard to taking of possession as contemplated in Section 24(2) of the 2013 Act?
In Re: Question No.1
(3.)Question that has been referred in as to meaning of the expression 'paid' used in section 24 of Act of 2013 and expression 'tender' used in section 31(1) of Act of 1894 when deposit under section 31(2) of Act of 1894 is necessary, effect of refusal to accept compensation and whether deposit in treasury is permissible and effect of non-deposit of compensation in Court.