Case Note & Summary
The petitioners, Savitaben Wd/o Narsinhbhai Somabhai Padhiyar and another, filed a Special Civil Application under Article 226 of the Constitution before the Gujarat High Court seeking a writ of certiorari to quash the entire land acquisition proceedings concerning their land. The acquisition had been completed under the Land Acquisition Act, 1894, with an award passed on 04.03.1999. The petitioners argued that the acquisition had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the 2013 Act). The court noted that the learned advocate for the petitioners, Ms. Aayushya Patel, appearing for Mr. Tattvam K. Patel, conceded that in light of the Constitution Bench decision in Indore Development Authority v. Manoharlal and Others, (2020) 8 SCC 129, no argument could be made on the applicability of Section 24(2) of the 2013 Act because the acquisition proceedings had culminated under the 1894 Act before the 2013 Act came into force on 01.01.2014. The court found no merit in the petition and dismissed it, holding that Section 24(2) of the 2013 Act does not apply to acquisitions completed under the 1894 Act prior to the 2013 Act's commencement.
Headnote
A) Land Acquisition - Applicability of Section 24(2) of the 2013 Act - Award under 1894 Act - The petitioners sought to quash land acquisition proceedings on the ground of lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The court held that since the acquisition proceedings culminated with an award dated 04.03.1999 under the Land Acquisition Act, 1894, much before the commencement of the 2013 Act on 01.01.2014, Section 24(2) of the 2013 Act has no application. The petition was dismissed as meritless. (Paras 2-4)
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 culminated with an award under the Land Acquisition Act, 1894 prior to the commencement of the 2013 Act.
Final Decision
The petition is dismissed as meritless. No order as to costs.
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 acquisition proceedings completed under the Land Acquisition Act
- 1894 before 01.01.2014
- Indore Development Authority v. Manoharlal
- (2020) 8 SCC 129.
