Case Note & Summary
The petitioner, Ratilal Chaturbhai Patel, filed a writ petition before the Gujarat High Court seeking to quash land acquisition proceedings concerning his land. The acquisition had been initiated and completed under the Land Acquisition Act, 1894. The petitioner invoked Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act), which provides for the lapse of acquisition proceedings if compensation has not been paid or possession not taken. However, the court noted that the interpretation of Section 24(2) was pending before a Constitution Bench of the Supreme Court. By an order dated 25.04.2019, the matter was adjourned sine die with liberty to parties to file a note upon the outcome of the Constitution Bench decision. No such note was filed until the matter came up on 02.03.2026 due to the High Court's Standard Operating Procedure. When the matter was heard, the petitioner's counsel, Mr. Tattvam K. Patel, conceded that nothing much could be argued on the legal issue because the acquisition proceedings had already culminated under the 1894 Act before the 2013 Act came into force. The court, therefore, dismissed the petition as not pressed, holding that the petitioner could not avail the benefit of Section 24(2) of the 2013 Act. The court also noted that the petition was not maintainable on the legal issue.
Headnote
A) Land Acquisition - Applicability of Section 24(2) of RFCTLARR Act, 2013 - Acquisition under Land Acquisition Act, 1894 - The petitioner challenged land acquisition proceedings that had culminated under the 1894 Act, seeking quashing under Section 24(2) of the 2013 Act. The court noted that the issue of interpretation of Section 24(2) was pending before the Constitution Bench of the Supreme Court. The petitioner's counsel conceded that nothing much could be argued on the legal issue as the acquisition had culminated before the 2013 Act. The court dismissed the petition as not pressed, holding that the petitioner could not avail the benefit of Section 24(2) of the 2013 Act. (Paras 1-4)
Issue of Consideration
Whether Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 applies to land acquisition proceedings that had culminated under the Land Acquisition Act, 1894 before the 2013 Act came into force
Final Decision
The petition is dismissed as not pressed. The petitioner cannot avail the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Law Points
- Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013 does not apply to acquisitions that had culminated under the Land Acquisition Act
- 1894 before the 2013 Act came into force
