Case Note & Summary
The petitioners, owners of land in survey nos. 154/1, 154/2, 156/1, challenged the acquisition proceedings initiated by the respondents under the Land Acquisition Act, 1894. A notification under Section 4 was issued in 1990, and after objections under Section 5A, an award was made on 30th January 1999. However, the petitioners alleged that compensation was never paid and possession of the land was not taken by the respondents. 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 respondents opposed the petition, arguing that the award was made and compensation was deposited. The court examined the facts and found that the award was made more than five years before the commencement of the 2013 Act. Since the respondents failed to pay compensation or take possession, the conditions of Section 24(2) were satisfied. The court allowed the petition, declaring that the acquisition proceedings had lapsed and the land vested back with the petitioners. The court directed the respondents to return the land records and refrain from interfering with the petitioners' possession.
Headnote
A) Land Acquisition - Lapse of Acquisition - 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 as compensation was not paid and possession was not taken. The court held that since the award was made more than five years prior to the commencement of the 2013 Act and neither compensation was paid nor possession taken, the acquisition lapsed. (Paras 3-6)
B) Land Acquisition - Compensation - Non-payment - The petitioners contended that despite the award, compensation was not paid and possession remained with them. The court accepted this submission and directed that the acquisition be deemed to have lapsed. (Paras 4-6)
Issue of Consideration
Whether the land acquisition proceedings initiated under the Land Acquisition Act, 1894 have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 due to non-payment of compensation and non-taking of possession.
Final Decision
The court allowed the writ petition, declaring that the acquisition proceedings had lapsed under Section 24(2) of the 2013 Act. The respondents were directed to return the land records and not interfere with the petitioners' possession.
Law Points
- Land Acquisition
- Lapse of Acquisition
- Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
- Non-payment of compensation
- Possession not taken
Case Details
2014 LawText (BOM) (04) 106
Writ Petition No. 106 of 2014
Mrs. A. Agni for Petitioners, Mr. A.N.S. Nadkarni, Advocate General with Mr. V. Rodrigues, Additional Government Advocate for Respondents
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Nature of Litigation
Writ petition challenging land acquisition proceedings and seeking declaration of lapse under Section 24(2) of the 2013 Act.
Remedy Sought
Petitioners sought a declaration that the acquisition proceedings had lapsed and that the land be returned to them.
Filing Reason
Non-payment of compensation and non-taking of possession despite award made in 1999.
Previous Decisions
Award made on 30th January 1999 under the Land Acquisition Act, 1894.
Issues
Whether the acquisition proceedings lapsed under Section 24(2) of the 2013 Act due to non-payment of compensation and non-taking of possession.
Submissions/Arguments
Petitioners argued that compensation was not paid and possession was not taken, hence acquisition lapsed.
Respondents argued that award was made and compensation was deposited.
Ratio Decidendi
Under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, if an award under the Land Acquisition Act, 1894 was made five years or more prior to the commencement of the 2013 Act and possession of the land has not been taken or compensation has not been paid, the proceedings shall be deemed to have lapsed. In this case, the award was made on 30th January 1999, more than five years before the 2013 Act came into force, and neither compensation was paid nor possession taken, hence the acquisition lapsed.
Judgment Excerpts
Briefly, the facts of the case are that a Notification under Section 4 of the Land Acquisition Act, was issued by the respondents for acquisition of the land under various survey numbers including survey nos. 154/1, 154/2, 156/1 in the year 1990 and objections were raised under Section 5A of the Land Acquisition Act, ...
The learned counsel appearing for the petitioners pointed out that the award came to be passed on 30th January, 1999 and the compensation was not paid to the petitioners nor the possession of the land was taken by the respondents.
In view of the above, we find that the acquisition proceedings have lapsed in view of the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Procedural History
The petitioners filed Writ Petition No. 106 of 2014 before the High Court of Bombay at Goa challenging the acquisition proceedings initiated in 1990. The award was made on 30th January 1999. The petition was heard and disposed of on 23rd April 2014.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 5A
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Section 24(2)
