DAYA LAL PATEL, S/O NARAYAN BHAI Vs. STATE OF MADHYA PRADESH
LAWS(CHH)-2017-8-87
HIGH COURT OF CHHATTISGARH
Decided on August 11,2017

Daya Lal Patel, S/O Narayan Bhai Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents




JUDGEMENT

Sanjay K Agrawal, J. - (1.)The petitioners, who are four in number, have preferred this writ petition calling in question land acquisition proceedings initiated under the Land Acquisition Act, 1894. This Court during pendency of the proceedings granted interim order in favour of petitioners on 15.11.2002 to maintain status quo with regard to possession of land.
(2.)During the continuance of this proceedings, parliament enacted The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter called as "Act of 2013") w.e.f. 01.01.2014. Thereafter, the petitioners have filed this application under Section 24 of Act of 2013 stating inter alia that in the instant case after passing of the award, neither possession of land has been taken from the petitioners nor the amount of compensation has been disbursed to them or deposited before the reference Court under Section 31 of the Land Acquisition Act, 1894, therefore entire land acquisition proceedings qua the petitioners have lapsed by virtue of the provisions contained in Section 24(2) of the Act of 2013.
(3.)Reply to this application has been filed stating inter alia that General Manager, District Trade & Industry Centre had requested for acquisition of 303.65 hectares of private land situated at village Siltara, Tahsil and District Raipur for establishment of Industrial Growth Centre. Acting upon that the subject acquisition has been made and upon completion of the acquisition, first award was passed on 31.05.1993 and thereafter for remaining land i.e. 221.915 hectares, second award was passed on 29.03.1994 which includes petitioners land bearing Khasra No. 769/2, 769/6, 770/2 and thereafter possession of entire land admeasuring 221.95 hectares was taken by handing over the possession to General Manager, District Trade & Industry Centre on 13.06.1996 in presence of Sarpanch of Gram Panchayat, Siltara and copy of Panchnama has been filed as Annexure R-A/AA along with the reply and in turn, possession has been transferred to the Chhattisgarh Industrial Development Corporation on 13.06.1996 in presence of independent witness vide Annexure R/BB. Therefore, the application under Section 24(2) of the Act of 2013 deserves to be rejected.
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