Case Note & Summary
These writ petitions were filed under Articles 226 and 227 of the Constitution of India challenging land acquisition proceedings. The petitioners, whose lands were acquired for the Special Agricultural Produce Marketing Committee for Fruits & Vegetables, sought declarations that the acquisition had lapsed. The proceedings were initiated by preliminary notification dated 20.05.2002 and final notification dated 02.08.2003. The petitioners contended that no award was made within the period prescribed under Section 11A of the Land Acquisition Act, 1894, and that under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the acquisition should be deemed lapsed under Section 24(1)(a) read with Section 25, and alternatively under Section 24(2). They relied on a Constitution Bench decision in (2010) 2 SCC 533 and the decision in Indore Development Authority v. Manoharlal, (2020) 8 SCC 129. The court heard the matters and reserved for orders on 22.07.2022. The judgment text provided only the initial portion, containing the prayers and a summary of the constitutional articles invoked, but did not include the court's analysis, findings, or final directions. Therefore, the complete ratio and decision are not available in the excerpt.
Issue of Consideration
Whether the land acquisition proceedings initiated under preliminary notification dated 20.05.2002 and final notification dated 02.08.2003 have lapsed under Section 11A of the Land Acquisition Act, 1894 or under Sections 24 and 25 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?
Law Points
- land acquisition lapse
- Section 11A Land Acquisition Act 1894
- Sections 24 and 25 Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act 2013
- award within stipulated period
- deemed lapse
