JAGJIT SINGH Vs. UOI
LAWS(DLH)-2014-5-249
HIGH COURT OF DELHI
Decided on May 27,2014

JAGJIT SINGH Appellant
VERSUS
UOI Respondents


Referred Judgements :-

EAST END DWELLING CO. LTD. V. FINSBURY BOROUGH COUNCIL [REFERRED TO]
STATE OF BOMBAY VS. PANDURANG VINAYAK [REFERRED TO]
PUNE MUNICIPAL CORPORATION VS. HARAKCHAND MISIRIMAL SOLANKI [REFERRED TO]
BHARAT KUMAR VS. STATE OF HARYANA [REFERRED TO]



Cited Judgements :-

SMT SUKH DEVI JAIN AND ORS. VS. SHRI DAVINDER SETHI AND OTHERS [LAWS(DLH)-2014-12-432] [REFERRED TO]
RAMANDEEP & ORS VS. UOI & ORS [LAWS(DLH)-2016-8-330] [REFERRED]
PARMOD SINGH VS. GOVT OF NCT OF DELHI & ORS [LAWS(DLH)-2016-8-247] [REFERRED]


JUDGEMENT

- (1.)These writ petitions raise a common issue and, therefore, the same are being disposed of by a common judgment. The point urged on behalf of the petitioners in this batch of writ petitions is that the acquisition of their lands lapsed on account of applicability of section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the new Act").
(2.)It is the case of the petitioners that the three conditions for attracting the deeming provisions of section 24(2) of the new Act have been satisfied and, therefore, all proceedings towards acquisition of land under the Land Acquisition Act, 1894 (hereinafter referred to as "the old Act") ought to be deemed to have lapsed. Section 24 of the new Act reads as under:-
"24. Land acquisition process under Act No.1 of 1894 shall be deemed to have lapsed in certain cases. (1) Notwithstanding anything contained in this Act, in any case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), - (a) Where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or

(b) Where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.

(2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:

Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act."

(3.)It is evident upon a plain reading of the above provisions that by virtue of sub-section (1) thereof, that, where no award under section 11 of the old Act has been made, the land acquisition proceedings initiated under the old Act would be governed by the provisions of the new Act relating to the determination of compensation. However, where an award has been made under section 11 of the old Act, then such proceedings would continue under the provisions of the old Act as if the old Act had not been repealed. This is, however, subject to the non-obstante provisions contained in sub-section (2) of section 24 of the new Act which clearly stipulates that where an award under section 11 of the old Act has been made five years or more prior to the commencement of the new Act but the physical possession of the land has not been taken or the compensation has not been paid, the said proceedings shall be deemed to have lapsed. It is also stipulated that the appropriate Government, if it so chooses, can initiate the proceedings of land acquisition afresh in accordance with the provisions of the new Act.
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