Case Note & Summary
The petitioner, Vithoba Ravaji Jadhav (since deceased through legal heir Subhash Vithoba Jadhav), owned land Gat No.422/2 at Vadgaon Bhande, Tal. Daund, District Pune. An area of 2H 42R was acquired for the Bhama Askhed project, and the land was in a benefited zone as per a notification dated 10.05.1994. An award was declared on 31.10.2001. The petitioner contended that despite the award, possession was not taken and compensation was not paid. He sought a declaration that the acquisition proceedings had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The respondents (State) filed an affidavit stating that possession had been taken and the land was distributed to beneficiaries in 2016. They also claimed that a notice under Section 12(2) of the Land Acquisition Act, 1894 was issued to the petitioner's father on 21.11.2006, calling him to receive compensation on 01.12.2006, but he failed to appear. The petitioner countered that his father died on 01.08.2003, before the notice was issued, making the notice invalid. The court considered whether the acquisition proceedings lapse under Section 24(2) of the 2013 Act. The court noted that the award was declared in 2001, but possession was not taken until 2016, after the 2013 Act came into force. The notice under Section 12(2) of the 1894 Act was issued to a deceased person, rendering it a nullity. The court held that since possession was not taken and compensation was not paid, the acquisition proceedings lapse. The court allowed the petition, declaring the land acquisition proceedings lapsed and directing the respondents to return possession to the petitioner if not already done.
Headnote
A) Land Acquisition - Lapse of Proceedings - Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The court considered whether acquisition proceedings lapse when neither possession is taken nor compensation paid, and a notice under Section 12(2) of the Land Acquisition Act, 1894 was issued to a deceased person. The court held that the notice issued to a dead person is invalid and cannot be relied upon to show that compensation was offered. Since possession was not taken and compensation not paid, the acquisition proceedings lapse under Section 24(2) of the 2013 Act. (Paras 1-8) B) Land Acquisition - Notice to Deceased Person - Section 12(2) of the Land Acquisition Act, 1894 - The court examined the validity of a notice issued under Section 12(2) of the 1894 Act to a person who had died before the notice was issued. The court held that such a notice is a nullity and cannot be considered as a valid offer of compensation. The landholder's failure to receive compensation cannot be attributed to the claimant when the notice was addressed to a deceased person. (Paras 4-7) C) Land Acquisition - Possession and Compensation - Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The court analyzed the requirements for avoiding lapse under Section 24(2). It held that both possession and compensation must be taken/payed to prevent lapse. In this case, possession was not taken until 2016 (after the 2013 Act came into force) and compensation was not paid, so the proceedings lapse. (Paras 2-8)
Issue of Consideration
Whether the acquisition proceedings lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, when possession has not been taken and compensation has not been paid, and a notice under Section 12(2) of the Land Acquisition Act, 1894 was issued to a deceased person.
Final Decision
The court allowed the petition, declaring that the land acquisition proceedings in respect of the petitioner's land have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The respondents were directed to return possession of the land to the petitioner if not already done.
Law Points
- Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
- Notice under Section 12(2) of the Land Acquisition Act
- 1894
- Lapse of acquisition proceedings
- Possession and compensation requirements
