Case Note & Summary
The petitioner, Sheetalkumar Sadashiv Zambare, challenged the land acquisition proceedings initiated by the State of Maharashtra for his lands in Kolhapur. The Section 4 notification under the Land Acquisition Act, 1894 (Old Act) was issued on 1st January 2013 and published on 10th/16th January 2013. The petitioner filed objections under Section 5A on 22nd May 2013. A declaration under Section 6 was issued on 8th May 2014, and during the pendency of the writ petition, an award under Section 11 of the Old Act was passed on 15th July 2016. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (New Act) came into effect on 1st January 2014. The core legal issue was whether the government could continue acquisition under the Old Act after the New Act came into force. The petitioner argued that Section 24 of the New Act had no application and that the award under the Old Act should be quashed. The State contended that the proceedings were saved by Section 24(1)(a) of the New Act. The court analyzed Section 24(2) of the New Act, which provides that if an award under Section 11 of the Old Act is not made within five years from the date of Section 4 notification, the proceedings lapse. Since the Section 4 notification was dated 1st January 2013 and the award was made on 15th July 2016, more than five years had elapsed. The court held that the proceedings had lapsed under Section 24(2) of the New Act, and the award was quashed. The petition was allowed.
Headnote
A) Land Acquisition - Lapse of Proceedings - Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Where award under Section 11 of Old Act is made after five years from Section 4 notification, proceedings lapse - The Court held that since Section 4 notification was issued on 1st January 2013 and award was passed on 15th July 2016, more than five years had elapsed, and thus the acquisition proceedings lapsed under Section 24(2) of the New Act (Paras 5-6).
Issue of Consideration
Whether after coming into force of the New Land Acquisition Act (2013), the Government could have proceeded to acquire petitioner's lands under the Old Land Acquisition Act, 1894.
Final Decision
The court allowed the petition, quashed the award dated 15th July 2016, and held that the acquisition proceedings had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Law Points
- Land Acquisition
- Lapse of Proceedings
- Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
- Applicability of Old Act after New Act
Case Details
2018 LawText (BOM) (02) 165
Writ Petition No.10852 of 2014
Ranjit More, Prakash D. Naik
Mr. N.V. Bandiwadekar i/by Sagar A. Mane for petitioners, Mr. V.S. Gokhale, AGP for Respondents-State
Sheetalkumar Sadashiv Zambare
The State of Maharashtra through Secretary, Revenue Department; The Additional Commissioner, Pune Division; The Sub Divisional Officer, Karvir Division; The District Collector, Kolhapur
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Nature of Litigation
Writ petition challenging land acquisition proceedings under the Old Land Acquisition Act, 1894 after the New Land Acquisition Act, 2013 came into force.
Remedy Sought
Quashing of the declaration under Section 6 and the award under Section 11 of the Old Land Acquisition Act.
Filing Reason
The petitioner's lands were sought to be acquired under the Old Act even after the New Act came into force, and the award was passed beyond the period prescribed under Section 24(2) of the New Act.
Previous Decisions
The petition was initially filed challenging the Section 6 declaration; during pendency, the award under Section 11 was passed on 15th July 2016, and the petition was amended to challenge the award.
Issues
Whether the government could proceed with acquisition under the Old Land Acquisition Act after the New Land Acquisition Act came into force on 1st January 2014.
Whether the award passed under Section 11 of the Old Act on 15th July 2016 is valid given the lapse of more than five years from the Section 4 notification dated 1st January 2013.
Submissions/Arguments
Petitioner argued that Section 24 of the New Act has no application and the award under the Old Act should be quashed, relying on Nilima Mahesh Bhole v. State of Maharashtra.
Respondent-State argued that the proceedings are saved by Section 24(1)(a) of the New Act.
Ratio Decidendi
Under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, if an award under Section 11 of the Land Acquisition Act, 1894 is not made within five years from the date of the Section 4 notification, the proceedings lapse. In this case, the Section 4 notification was dated 1st January 2013 and the award was made on 15th July 2016, which is beyond five years, hence the proceedings lapsed.
Judgment Excerpts
The short question raised in this petition is whether after coming into force of the New Land Acquisition Act, the Government could have proceeded to acquire petitioner's lands under the Old Land Acquisition Act ?
Section 24(2) of the New Act provides that where an award under Section 11 of the Old Act has not been made within five years from the date of Section 4 notification, the proceedings shall lapse.
In the present case, Section 4 notification was issued on 1st January 2013 and the award was passed on 15th July 2016, which is beyond five years. Hence, the proceedings have lapsed.
Procedural History
The petitioner filed Writ Petition No.10852 of 2014 challenging the Section 6 declaration under the Old Land Acquisition Act. During the pendency of the petition, the government passed an award under Section 11 of the Old Act on 15th July 2016. The petitioner amended the petition to challenge the award. The petition was heard and disposed of on 15th February 2018.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 5A, Section 6, Section 11
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Section 24
