NARAYAN LAL AND OTHERS Vs. THE STATE OF RAJASTHAN,
LAWS(RAJ)-2017-2-304
HIGH COURT OF RAJASTHAN
Decided on February 23,2017

Narayan Lal And Others Appellant
VERSUS
The State Of Rajasthan, Respondents


Referred Judgements :-

KARNAIL KAUR V. STATE OF PUNJAB [REFERRED TO]
BALAJI NAGAR RESIDENTIAL ASSOCIATION VS. STATE OF TAMIL NADU [REFERRED TO]


JUDGEMENT

ARUN BHANSALI,J. - (1.)Applications have been filed by the petitioners under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('the Right to Fair Compensation Act') with averments that the land acquisition proceedings were initiated pursuant to notification dated 17.12.2005 under section 4 of the Land Acquisition Act, 1894 ('the Act'), declaration was made under Section 6 of the Act on 24.12.2006 and awards were passed on 11.05.2007/23.05.2007. Feeling aggrieved, the petitioners filed the present writ petitions and in all the writ petitions, except S.B. Civil Writ Petition No. 501/2007, the respondents were restrained from taking possession of the property in dispute.
(2.)It is submitted by learned counsel appearing for the petitioners that in terms of provisions of Section 24(2) of the Right to Fair Compensation Act, the proceedings have lapsed, inasmuch as, the possession of the land in dispute has not been taken though the awards were passed on 11.05.2007/23.05.2007 i.e. before five years of commencement of the Right to Fair Compensation Act and, therefore, the acquisition be set aside.
(3.)Learned counsel appearing for the respondents submit that the compensation pursuant to the awards has already been deposited with the Land Acquisition Officer and the petitioners cannot take advantage of the fact that on account of passing of the interim orders by this Court, the possession of the land could not be taken from the petitioners. However, it is admitted that in fact the possession of the land in dispute was not taken by the respondents.
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