JUDGEMENT
HARSHA DEVANI,J. -
(1.)By this application, the applicant Gujarat Housing Board seeks the following reliefs:
"(a) Your Lordships may be pleased to review of the judgment and order dated 2.12.2015 passed by this Hon'ble High Court (Coram: Harsha Deveani and G.B. Shah, JJ) in SCA No.2484/2015 (Annexure-A) and be pleased to hold that the land acquisition proceedings have not lapsed by the provisions of section 24 (2) of the Act." Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013."
(2.)The respondents No.1 to 10 herein had filed the above referred writ petition being Special Civil Application No.2484 of
2015 invoking the provisions of sub-section (2) of 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") and sought a
declaration that the acquisition proceedings in respect of their
lands have lapsed. By the judgment and order dated
2.12.2015, this court held that for the purpose of satisfying the requirements of sub-section (2) of section 24 of the Act of
2013, the petitioners are required to show that: (i) the possession of the subject land has not been taken over till
date; or (ii) the compensation has not been paid to them. After
considering the documentary evidence placed on record, this
court found that the possession of the subject land was never
taken over after the award came to be made under section 11
of the Land Acquisition Act, 1894 (hereinafter referred to as
"the Act of 1894"). The court, accordingly, found that the first
requirement of sub-section (2) of section 24 is clearly satisfied.
As regards the second ground, regarding payment of
compensation, this court found that though Gujarat Housing
Board had deposited the compensation amount with the
Executive Magistrate and Mamlatdar, such amount remained
with the State authorities and at no point of time was such
compensation deposited with the reference court. Placing
reliance upon the decision of the Supreme Court in the case of
Pune Municipal Corporation v. Harakchand Misrimal
Solanki, (2014) 3 SCC 183, this court held that since the
compensation amount had not been deposited with the
reference court, the compensation could not be said to have
been paid within the meaning of such expression as envisaged
under subsection (2) of section 24 of the Act of 2013 and
accordingly, held that both the alternative contingencies
envisaged under sub-section (2) of section 24 stand satisfied
and accordingly, the acquisition proceedings shall be deemed
to have lapsed. Being aggrieved, the applicant herein
approached the Supreme Court by way of a petition for Special
Leave to Appeal (C) No.9527 of 2016. By the following order
dated 13.4.2016, the special leave petition was disposed of by
the Supreme Court:
"Learned counsel has invited reference to the statement of taking possession, as reflected in the Award dated 31.01.1972. It is submitted that High Court has gone wrong in allowing the Special Civil Application filed by the petitioner under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is for the petitioner to approach the High Court by a review, since this aspect has not been given consideration by the High Court. If the review is filed within 30 days from today, the same may be considered by the High Court on merits. The special leave petition is disposed of with the above observations.
(3.)Thereafter, the applicant has moved the present application seeking review of the above referred judgment and
order dated 2.12.2015.
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