Case Note & Summary
The petitioners, Jitesh Bhaiyalal Sahu and Rashmi Jitesh Sahu, owned 1.95 hectares of land in Mouza Morangana, Amravati. The State initiated acquisition proceedings under the Land Acquisition Act, 1894 for rehabilitation of village Haturna, issuing a preliminary notification under Section 4 on 11/12/2012. After the petitioners filed objections, a declaration under Section 6 was published on 02/03/2013, and the Deputy Collector passed an award on 26/07/2013. However, the award was not communicated to the petitioners under Section 12(2) of the 1894 Act. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force on 01/01/2014. Subsequently, the Divisional Commissioner directed that compensation be determined under the new Act, and the State issued notifications on 19/03/2014 and 27/08/2014 to that effect. The petitioners filed a writ petition challenging the acquisition, arguing that the proceedings had lapsed under Section 24(2) of the 2013 Act because the award was not communicated before the new Act came into force. The respondents contended that the award was passed before the new Act and thus the proceedings did not lapse. 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 before the commencement of the new Act but compensation has not been paid or possession not taken, the proceedings lapse. The court noted that the award was made on 26/07/2013, less than five years before 01/01/2014, but the crucial issue was that the award was not communicated to the petitioners. Relying on the principle that an award is not complete until communicated, the court held that the proceedings had not concluded and therefore lapsed under Section 24(2). The court allowed the writ petition, quashed the award, and directed that compensation be determined afresh under the 2013 Act, including solatium at 12% per annum from the date of the Section 4 notification.
Headnote
A) Land Acquisition - Lapsing of Proceedings - Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Non-Communication of Award - The petitioners' land was acquired under the Land Acquisition Act, 1894, and an award was passed on 26/07/2013 but not communicated to them under Section 12(2) of the 1894 Act. The new Act of 2013 came into force on 01/01/2014. The court held that since the award was not communicated, the proceedings had not concluded and therefore lapsed under Section 24(2) of the 2013 Act. The court directed that compensation be determined under the new Act. (Paras 2-8) B) Land Acquisition - Compensation - Determination Under New Act - Section 24 read with Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The court held that the petitioners are entitled to compensation as per the provisions of the 2013 Act, including solatium at 12% per annum on market value from the date of the Section 4 notification under the 1894 Act. (Paras 4-8)
Issue of Consideration
Whether the land acquisition proceedings initiated under the Land Acquisition Act, 1894 lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, when the award was passed but not communicated to the landowners before the commencement of the new Act.
Final Decision
The court allowed the writ petition, quashed the award dated 26/07/2013, and directed that compensation be determined afresh under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, including solatium at 12% per annum on market value from the date of the Section 4 notification under the 1894 Act.
Law Points
- Land Acquisition
- Compensation
- Lapsing of Proceedings
- Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
- Section 12(2) of the Land Acquisition Act
- 1894
