Case Note & Summary
The petitioner, Tarang S. Patel, filed a writ petition before the Bombay High Court challenging land acquisition proceedings. During the hearing, the learned counsel for the petitioner submitted that the respondent (Collector of Daman) had filed an affidavit dated 19 June 2018, affirmed by Mr. Charmie Parekh, Deputy Collector (HQ), stating that no award was passed in the acquisition proceedings and therefore the proceedings had lapsed. The respondent further undertook to complete the acquisition proceedings as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within one year from the date of the order. The petitioner's counsel, in view of this affidavit, sought permission to withdraw the writ petition with liberty to file afresh if needed. The court, considering these facts, directed the respondent No.1 to comply with the statement made in the affidavit within one year and disposed of the writ petition as withdrawn with the liberty prayed for. The judgment was delivered by a division bench comprising Justice K.K. Tated and Justice B.P. Colabawalla on 22 June 2018.
Headnote
A) Land Acquisition - Lapsing of Proceedings - Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The respondent filed an affidavit stating that no award was passed in the acquisition proceedings, hence the proceedings have lapsed. The court directed the respondent to comply with the statement made in the affidavit and complete the acquisition proceedings under the 2013 Act within one year. The writ petition was disposed of as withdrawn with liberty to file afresh if needed. (Paras 1-3)
Issue of Consideration
Whether the writ petition should be disposed of in light of the respondent's affidavit stating that acquisition proceedings have lapsed and undertaking to complete them under the 2013 Act within one year.
Final Decision
The court directed respondent No.1 to comply with the statement made in the affidavit dated 19.06.2018 within one year from the date of the order. The writ petition was disposed of as withdrawn with liberty to file afresh if needed.
Law Points
- Land acquisition proceedings lapse if no award is passed
- Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013 applies
- Court can direct compliance with statutory time limit
