Case Note & Summary
The petitioners, fishermen residing in Goudawada, Baitkhol, Karwar, Uttara Kannada, filed writ petitions under Articles 226 and 227 of the Constitution of India seeking a declaration that the land acquisition proceedings initiated against them pursuant to a final notification dated 04.03.1964 under Section 6(1) of the Land Acquisition Act, 1894, had lapsed by virtue of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act). The lands were acquired for the Karwar Port. The petitioners contended that despite the notification, the respondents had neither taken possession of the lands nor paid compensation to them. The respondents, represented by the State of Karnataka and other authorities, opposed the petitions. The court analyzed the provisions of Section 24 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, and either possession has not been taken or compensation has not been paid, the proceedings shall be deemed to have lapsed. The court noted that the award in this case was made prior to 2013, and the respondents failed to show that possession was taken or compensation paid. Consequently, the court allowed the petitions, declaring that the acquisition proceedings had lapsed and directing the respondents not to dispossess the petitioners from their residential properties.
Headnote
A) Land Acquisition - Lapse of Proceedings - Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The court considered whether acquisition proceedings under the Land Acquisition Act, 1894, where neither possession was taken nor compensation paid, would lapse under the 2013 Act. Held that the proceedings had lapsed as the conditions of Section 24(2) were satisfied, and the petitioners were entitled to a declaration to that effect. (Paras 1-10) B) Land Acquisition - Possession and Compensation - Section 24(2) of the RFCTLARR Act, 2013 - The court examined the requirement of taking possession and payment of compensation for the savings clause under Section 24(1) to apply. Since the respondents failed to demonstrate either, the acquisition was deemed to have lapsed. (Paras 5-8)
Issue of Consideration
Whether the land acquisition proceedings initiated under the Land Acquisition Act, 1894, which were not completed by taking possession or payment of compensation, stand lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Final Decision
The writ petitions are allowed. It is declared that the acquisition proceedings against the petitioners pursuant to the 6(1) final notification dated 04.03.1964 stood lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The respondents are directed not to dispossess the petitioners from their residential properties.
Law Points
- Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
- Lapse of acquisition proceedings
- Non-payment of compensation
- Non-taking of possession
- Land Acquisition Act
- 1894 savings clause
