Judgment
Date of conclusion of arguments : 16th February, 2026
Date on which judgment was reserved : 16th February, 2026
Whether the full judgment or only
the operative part is pronounced : Full judgment
Date of pronouncement : 7th March, 2026
(Per Hon’ble the Acting Chief Justice)
1. The present special appeal assails the judgment passed by
the learned Single Judge dated 12.07.2025, whereby the writ
petition was dismissed and the prayers made by the appellant-writ
(Uploaded on 10/03/2026 at 11:34:14 AM)
[2026:RJ-JD:8657-DB] (2 of 10) [SAW-1452/2025]
petitioner were rejected. The learned Single Judge has relied upon
the judgment passed by the Constitution Bench of the Hon’ble
Supreme Court in “Indore Development Authority vs. Manoharlal
& Ors.”1, holding that the plea of lapsing of the acquisition
proceedings does not stand. Learned counsel for the appellant
has, however, submitted that it is an erroneous interpretation
taken by the learned Single Judge of the judgment passed in
Indore Development Authority (Supra) and infact as per the
judgment, the acquisition would lapse. It is stated that an award
was passed for acquiring the land in-question on 16.01.2002 and
the compensation amount was deposited in the Court on
24.03.2007 and paper possession was taken of the property,
actual possession was never taken and the appellant continue to
remain in possession of the property.
