JUDGEMENT

J.K.Maheshwari,J. - (1.)Invoking the jurisdiction under Art. 226 of the Constitution of India and seeking the following reliefs, the petitioners have filed this petition:-
1. Call for the record relating to the subject matter of the petition.

2. This Honourable Court may further be pleased to quash the impugned acquisition proceedings as they stand lapsed.

3. Any other writ, direction, order which this Honourable Court may deem fit and proper may also be granted with cost of the petition.

(2.)The facts leading to file the present petition are that the petitioners are citizen of India and joint owners of the agricultural land pertaining to Khasra No.497/1 area admeasuring 5.696 hectare and the residential house situated at Village Lalguvan, Tahsil Rajnagar, District Chhatarpur. The said land was being used for the agricultural purpose as well as for their dwelling use having their residence thereon. The land surrounding to the temple situated in Khajuraho was required to be acquisitioned to which a notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter be called as old Land Acquisition Act) was issued as per Annexure P/2. Thereafter, the final notification under Sec. 6 of the Act was issued in the Gazette Published on 26.9.2003 wherein the land belonging to the petitioners pertaining to Khasra No.497/1 ad-measuring area 5.696 hectare and the residential house situated at Village Lalguvan, Tahsil Rajnagar, District Chhatarpur has been acquisitioned along with the land of other holders. A notice under Sec. 9 of the old Land Acquisition Act was issued for ascertainment of the boundaries, and thereafter the compensation was determined by the Land Acquisition Officer (in short LAO ) vide award Annexure P/6 passed on 30.11.2004. The amount of the said award was not paid yet to the petitioners, however, as contemplated under Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter shall be referred to as 'the Act of 2013'). The proceedings shall be deemed to have lapsed. It is also the contention of the counsel that the possession on the land in question has not been taken by following the procedure established by law and the petitioners are in Actual Physical Possession, therefore also, under the said provisions, the proceedings shall be deemed to have lapsed.
(3.)It is stated in the petition that the petitioners were filed the Writ Petition No. 6909/.2008 claiming the writ in the nature of certiorari, mandamus, prohibitory to quash whole of the proceedings of the acquisition of the land of the petitioners pertaining to Khasra No.497/1 ad-measuring area 5.696 hectare and the residential house situated at Village Lalguvan, Tahsil Rajnagar, District Chhatarpur and in alternative also prayed that the Honourable Court may please to direct the respondent Nos.3 and 4 to refer the matter to the District Magistrate for determination of compensation. On filing the said writ petition vide order dated 17.2.2009, this Court without commenting on the merits of the case directed to Collector that the application submitted by the petitioners has not been adverted to, however, let it be decided in accordance with law within the time frame. Thereafter, the order was passed by the Collector on 19.6.2009 Annexure P/14 dealing the issue of refusing to make reference to the Court. Assailing the said order, Writ Petition No.2721/2014 was filed, however, during course of argument, it was submitted that now the Act of 2013 has come into force, and the compensation has not yet paid to the petitioners and the actual physical possession has also not taken by the authorities, however, the said writ petition may be disposed of with liberty to take such plea by filing fresh petition. On 5.2.2015, this Court without commenting on merit disposed of the petition and directed to take recourse afresh, on taking plea under the Act of 2013 as permissible in law. Thereafter, the present petition has been filed asking the benefit of statutory provisions contemplated under Sec. 24(2) of the Act of 2013 and to seek relief as specified herein above.
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