Case Note & Summary
The petitioners, owners of land Gat No. 176 in Khelbar, Jalgaon Jamod, challenged the land acquisition proceeding initiated under Section 6 notification dated 18.12.1995 and the subsequent Award No. 1/1199495 dated 07.09.2017 passed by the Land Acquisition Officer. They sought a declaration 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 (the 2013 Act). The facts revealed that the Section 4 notification was issued on 06.10.1994, followed by a declaration under Section 6 on 18.12.1995. The Land Acquisition Officer made an award on 07.09.2017, after the 2013 Act came into force on 01.01.2014. The petitioners argued that since the award was made more than five years after the commencement of the 2013 Act, and neither possession was taken nor compensation paid, the proceeding lapsed under Section 24(2). The respondents contended that the award was made within the period prescribed under the 1894 Act and that the 2013 Act did not apply retrospectively. The court analyzed Section 24(2) of the 2013 Act, which provides that if an award under the 1894 Act has been made five years or more prior to the commencement of the 2013 Act but possession has not been taken or compensation not paid, the proceeding shall lapse. The court noted that the award in this case was made on 07.09.2017, which is after the commencement of the 2013 Act, and therefore the condition of 'five years or more prior' was not met. However, the court interpreted the provision purposively, holding that the legislative intent was to ensure timely completion of acquisitions. Since the award was made after the 2013 Act came into force, and the acquisition was not completed within a reasonable time, the proceeding lapsed. The court also noted that the respondents failed to demonstrate that possession was taken or compensation paid. Consequently, the court declared the acquisition proceeding lapsed and set aside the award. The writ petition was allowed with no order as to costs.
Headnote
A) Land Acquisition - Lapse of Proceedings - Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The court considered whether the acquisition proceeding under Section 6 notification of 1995 had lapsed as the award was made on 07.09.2017, after the commencement of the 2013 Act, and neither possession was taken nor compensation paid. Held that the proceeding lapsed under Section 24(2) as the award was made more than five years after the commencement of the 2013 Act and the mandatory conditions were not fulfilled. (Paras 2-10) B) Land Acquisition - Award - Validity - Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The court examined whether the award dated 07.09.2017 was valid when the acquisition proceeding had already lapsed. Held that once the proceeding lapses, the award becomes non-est and is set aside. (Paras 8-10)
Issue of Consideration
Whether the land acquisition proceeding initiated under Section 6 notification dated 18.12.1995 has lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and whether the Award dated 07.09.2017 is liable to be set aside.
Final Decision
The court allowed the writ petition, declared the land acquisition proceeding lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and set aside the Award No. 1/1199495 dated 07.09.2017. No order as to costs.
Law Points
- Land acquisition proceedings lapse if award is made after five years from commencement of Act of 2013 without taking possession or paying compensation
- Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
- Section 6 of Land Acquisition Act
- 1894
