Nilanjana
Aligarh Development Authority Vs. Megh Singh & Ors(section 24 of Land Acquisition Act,2013))
Nilanjana Ganguly 26 Feb 2020

Aligarh Development Authority Vs. Megh Singh & Ors(section 24 of Land Acquisition Act,2013))

Aligarh Development Authority Vs. Megh Singh & Ors

 

FACTS

The appealing party Aligarh Development Authority took steps for obtaining a land which has been acquired by the respondent No.1 according to Notification gave under Section 4(1) of the Land Acquisition Act, 1894  on 09.08.2004. At the same time emergency statement was also invoked under the arrangements of Section 17 followed by Section 6 revelation dated 03.08.2005. As per the appealing party ownership of the land was taken and some portion of the pay was stored with the Special Land Acquisition Officer. The respondent No.1 challenged the acquisition on different grounds and the High Court of Judicature at Allahabad by the upbraided Judgment dated 21.10.2010 permitted the writ request and subdued the Notification dated 09.08.2004 and the assertion dated 03.08.2005. Among different reasons, the main purpose behind taking such a view is, that after invoking emergency statement, no award was passed considerably after the expiry of four years.

Thus aggrieved, the Requisitioning Authority - Aligarh Development Authority is before this Court. When the matter was pending before this Court, the land owner non-applicant filed I.A.No.3/2015 contending that respondent No.1 is entitled to a declaration that acquisition proceedings have lapsed in view of the operation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (For short '2013 Act'), since neither compensation has been paid to the owner nor possession has been taken by the Land Acquisition Collector. The Appellant Authority has filed reply to the affidavit that the remuneration has been kept with the Land Acquisition Collector. Most definitely, it is expressed in the affidavit that the land has just been taken under position and a 'full - fledged and finish private settlement has been created'. It is anyway a conceded position that no Award either under the 1894 Act or under the 2013 Act has been passed in regard of the place where there is respondent No.1

 

 

 

 

SECTION 24 OF LAND ACQUISITION ACT 2013 :

Section 24 of the 2013 Act envisages mainly two situations;

i)  where the land acquisition proceedings had already been initiated under the 1894 Act but no award was passed till the date the new Act came into force.

(ii)  where the Award has been passed but neither the owner has been dispossessed nor has he been paid the compensation.

Under the first, where the award had not been passed, the acquisition proceedings could continue; but the compensation will have to be determined under the scheme of 2013 Act. Under the second category, there is a statutory lapse of the proceedings. There is also an incidental third situation, where award under the 1894 Act had already been passed prior to coming into force of the 2013 Act, but payment is yet to be made and possession is yet to be taken. In that case, the further proceedings after the award could continue under the old Act of 1894; but if either payment or possession has not taken effect in five years prior to the 2013 Act, then proceedings will lapse.

 

JUDGEMENT

For the above situation, since as a matter of fact the compensation has not been passed, there emerges no question of lapse. The land obtaining procedures would proceed however with the rider that the compensation should be passed and pay decided under the arrangements of 2013 Act. The appellant and the Acquisitioning Authority are coordinated to finish the acquisition procedures by passing compensation under the provisions of the 2013 Act. This will be done within a period half year and unnecessary likewise to state that the whole award due to respondent No.1 would be determined under the provision 2013 Act and the same will either be saved with the Land Acquisition Collector or dispensed to the respondent No.1 within one month from there on.

 

 

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SHABAD VENU GOPAL   26 Feb 2020 9:18pm
IT'S VERY USEFUL AND VERY MUCH HELPFUL
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