Case Note & Summary
The petitioner, Sri K. Ganganna, owned lands that were acquired by the respondents for the Indian Railways. A preliminary notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the Act) was issued on 19.06.2020. The petitioner challenged the acquisition on the ground that there was a delay in passing the final notification, contrary to the provisions of the Act. The court considered whether the preliminary notification should be deemed rescinded under Section 11(7) of the Act due to the failure to issue the final notification within the statutory period. The court found that the time for publishing the final notification had been extended, but the final notification was not passed within the prescribed time. Consequently, the court held that the preliminary notification is deemed to have been rescinded under Section 11(7) of the Act. The petition was allowed, and the respondents were directed to treat the preliminary notification as rescinded.
Headnote
A) Land Acquisition - Deemed Rescission of Preliminary Notification - Section 11(7) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The petitioner's lands were acquired for Indian Railways; preliminary notification under Section 11(1) was issued on 19.06.2020. The petitioner contended that the final notification was not passed within the statutory period, leading to deemed rescission under Section 11(7). The Court held that the preliminary notification is deemed to have been rescinded as the final notification was not issued within the prescribed time limit. (Paras 1-2)
Issue of Consideration
Whether the preliminary notification dated 19.06.2020 issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is deemed to have been rescinded under Section 11(7) of the Act due to delay in passing the final notification.
Final Decision
The petition is allowed. The preliminary notification dated 19.06.2020 is deemed to have been rescinded under Section 11(7) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Law Points
- Section 11(7) of the Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
- Deemed rescission of preliminary notification
- Time limit for final notification
