Case Note & Summary
The case pertains to a writ petition filed by the petitioner challenging the land acquisition proceedings initiated for the purpose of a public project. The petitioner contended that the acquisition had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) on the ground that compensation had not been paid and possession had not been taken. The respondent, the acquiring authority, argued that the award was passed under Section 11 of the Land Acquisition Act, 1894, compensation was duly paid to the landowners, and possession was taken. The High Court examined the records and found that the award was made prior to the commencement of the 2013 Act, and the provisions of Section 24(2) were not attracted as both compensation and possession had been completed. The court dismissed the petition, holding that there was no lapse of the acquisition proceedings.
Headnote
A) Land Acquisition - Lapsing of Award - Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The court considered whether the acquisition proceedings had lapsed due to non-payment of compensation and non-taking of possession - Held that the award was passed under Section 11 of the Land Acquisition Act, 1894 and compensation was paid to the landowners, and possession was taken by the acquiring body - The petition was dismissed as the conditions for lapsing under Section 24(2) were not satisfied (Paras 1-14).
Issue of Consideration
Whether the land acquisition proceedings had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 due to alleged non-payment of compensation and non-taking of possession.
Final Decision
The High Court dismissed the writ petition, holding that the acquisition proceedings did not lapse under Section 24(2) of the RFCTLARR Act, 2013 as compensation was paid and possession was taken.
Law Points
- Land Acquisition
- Compensation
- Section 24(2) of RFCTLARR Act
- 2013
- Lapsing of Award
- Possession
- Notice under Section 12(2)
- Award under Section 11
- Land Acquisition Act
- 1894
