ANEK SINGH AND OTHERS Vs. STATE OF U.P. AND OTHERS
HIGH COURT OF ALLAHABAD
Anek Singh And Others
State of U.P. and others
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Tarun Agarwala, J. -
(1.)The facts leading to the filing of the writ petition is that the petitioners are the owners of Plot No. 1802 having an area of 1 Bigha, 6 Biswa and 15 Biswansi situate at Mauza Naraich, Tehsil Etmadpur, District-Agra. The said plot was acquired under the Land Acquisition Act by the State Government in favour of Agra Development Authority for the purpose of Trans Yamuna Avasiya Yojana (Kalindi Vihar). A notification under Section 4 read with Section 17 of the Land Acquisition Act (hereinafter referred to as the old Act) was issued on 3th of February, 1989. A declaration under Section 6 of the Act was issued on 5th of February, 1989.
(2.)It is alleged that notional possession of the land on paper was taken in favour of Agra Development Authority on 28th of October, 1989 and an award under Section 11 of the Act was made on 26th of October, 1990. The petitioners further contend that pursuant to the award, compensation was paid to the petitioners only to the extent of 1 Bigha of the acquired land on 29th of December, 1990 and 2nd of April, 1991. The petitioners thus contend that the compensation for the remaining area, namely, 6 Biswa and 15 Biswansi was not paid on the ground that the petitioners were in possession and that the construction of the petitioners was existing.
(3.)The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act of 2013) was enacted by the Parliament w.e.f. 1st January, 2014. Section 24 of the Act of 2013 provided that the land acquisition process shall be deemed to have lapsed in certain cases. Section 24 (2) of the Act contemplated that where an award under Section 11 of the Land Acquisition Act 1894 (hereinafter referred to as the old Act, 1894) had been made five years or more prior to the commencement of the Act of 2013 but physical possession of the land has not been taken or the compensation has not been paid, in that eventuality, the acquisition proceeding shall be deemed to have lapsed and it would be open to the State Government to initiate acquisition proceedings afresh in accordance with the provisions of the Act of 201
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