- (1.) Proceedings for acquisition of a large tract of land situated in Village Mavikalan, Pargana, Tehsil & District Saharanpur were initiated by U.P. Awas Evam Vikas Parishad (The Parishad) by issuance of a notification under Section 28 of the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 (The Parishad Act) on 17 July, 1997 for a Scheme called Delhi Road Bhumi Vikas Evam Grihasth Yojna in Saharanpur. This was followed by a declaration made under Section 32 of the Parishad Act on 11 November, 1999. The petitioners claim to be the owner of the land involved in the notification. The award under Section 11 of the Land Acquisition Act, 1894 (The Acquisition Act) was ultimately made on 30 June, 2004. This petition has been filed asserting that since neither possession of the land has been taken nor compensation has been paid, the acquisition proceedings will lapse in view of the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (The 2013 Act).
(2.) It is the submission of the learned counsel for the petitioners that the provisions of Section 24(2) of the 2013 Act would apply to acquisitions undertaken under the Parishad Act in view of the provisions of the Section 55 of the Parishad Act and, therefore, as neither possession has been taken nor compensation has been paid, the acquisition will lapse.
(3.) Sri S.K. Mishra, learned counsel appearing for the respondent Parishad and the learned Standing Counsel appearing for the State respondent have, however, contended that the provisions of Section 24(2) of the 2013 Act would not apply to acquisitions made under the provisions of the Parishad Act.;