JUDGEMENT
ARUN MISHRA, J. -
(1.) Leave granted.
(2.) The question arises whether by virtue of the provisions contained in section 24 of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (hereinafter
referred to as "the Act of 2013"), the proceedings
lapsed in the instant case.
(3.) The facts in short are that the Indore Development Authority (for short, "the IDA") established under
section 38 of the Madhya Pradesh Nagar Tatha Gram Nivesh
Adhiniyam, 1973 (for short, "the Adhiniyam of 1973")
prepared a Master Plan which came into force on
21.3.1995, formulated scheme Nos.124(A) and (B) under section 50(1) of the Adhiniyam of 1973 and decided to
acquire land for the purpose of constructing Ring Road
and Link Road on the outskirts of Indore city. The ring
road has been fully constructed. The land was acquired
for the purpose of constructing Link Road, for joining
the major road to the Ring Road under Scheme 124(B).
Possession of the land is stated to be with the
encroachers and not with the landowners. The
compensation was deposited by the IDA with the Land
Acquisition Collector. The landowners were informed to
collect it but they had refused and did not receive the
compensation. The IDA published the schemes as per the
provisions of the Adhiniyam of 1973. On 6.2.1991, a
prayer was made to the Collector to acquire the land and
on 2.3.1994 compensation was deposited with the Land
Acquisition Collector. Notification under section 4 was
issued on 23.12.1994. Section 17(1) was also invoked.
Enquiry under section 5A was dispensed with. Declaration
under section 6 was published on 17.3.1995 under the
Land Acquisition Act, 1894 (hereinafter referred to as
"the Act of 1894"). Respondent No.1 owner filed
objections before the Land Acquisition Officer claiming
compensation of Rs.32,50,000/-. Award was passed by the
LAO on 14.3.1997 and the sum awarded to respondent No.1
was Rs.7,90,813/-. A belated W.P. No.1182 of 1997 was
filed for quashing the acquisition proceedings. It was
allowed on 28.8.1998 holding that the scheme lapsed on
expiry of three years. Enquiry under section 5A was
illegally dispensed with. Letters Patent Appeal No.480
of 1998 was preferred before the Division Bench and on
29.1.2000 an order of status quo was passed. The LPA was dismissed as not maintainable. However this Court
remitted the matter to the High Court to file writ
appeal under the provisions of the Madhya Pradesh Uchcha
Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005.
On 4.4.2007 the High Court directed maintenance of status quo.;
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