Case Note & Summary
The petitioners, owners of land measuring 2 acres in Sy.No.7 and 1 acre in Sy.No.9 of Gubbalala village, Bangalore South Taluk, challenged the acquisition of their land by the State of Karnataka for the benefit of the Jayanagar Co-operative Housing Society Limited. A preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 was issued on 04.03.1994, followed by a final notification under Section 6(1) on 14.06.1995. An award was passed on 09.10.1997, and possession of the land was taken on 09.10.1997 itself. Compensation was also paid to the petitioners. The petitioners filed writ petitions under Articles 226 and 227 of the Constitution of India seeking a declaration that the notifications had lapsed under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The court examined the facts and found that possession had been taken and compensation paid under the 1894 Act. Relying on the principle that Section 24 of the 2013 Act only applies where possession has not been taken or compensation not paid, the court held that the acquisition proceedings had not lapsed. The writ petitions were dismissed with no order as to costs.
Headnote
A) Land Acquisition - Lapse of Acquisition - Section 24 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The petitioners sought declaration that notifications under Sections 4(1) and 6(1) of the Land Acquisition Act, 1894 had lapsed under Section 24 of the 2013 Act. The court held that since possession of the land was taken and compensation was paid under the 1894 Act, the acquisition proceedings did not lapse. The writ petitions were dismissed. (Paras 1-4)
Issue of Consideration
Whether the preliminary notification under Section 4(1) and final notification under Section 6(1) of the Land Acquisition Act, 1894 have lapsed under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, given that possession was taken and compensation was paid under the 1894 Act.
Final Decision
The writ petitions are dismissed. No order as to costs.
Law Points
- Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013 does not revive lapsed acquisition proceedings where possession has been taken and compensation paid under the Land Acquisition Act
- 1894
- Land Acquisition Act
- Sections 4(1) and 6(1)
- Award under Section 11
- Possession taken
- Compensation paid
- Lapse of notification
- Writ jurisdiction under Articles 226 and 227 of Constitution of India
Case Details
2015 LawText (KAR) (06) 23
Writ Petition Nos. 53890-53891 of 2014 (LA-RES)
Sri. D.N. Nanjunda Reddy, Senior Counsel a/w Sri. Nishanth A.V. for petitioners; Sri. Y.D. Harsha, AGA for R1 & R2; Sri. G. Balakrishna Shastry for R3
Mr. Arun Kumar Nevatia, Mrs. Sushila Nevatia, Mr. Gautam Nevatia
State of Karnataka, The Special Deputy Commissioner, Bangalore Urban District, The Jayanagar Co-operative Housing Society Limited
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India challenging land acquisition notifications and seeking declaration of lapse under Section 24 of the 2013 Act.
Remedy Sought
Petitioners sought declaration that preliminary notification under Section 4(1) dated 04.03.1994 and final notification under Section 6(1) dated 14.06.1995 of the Land Acquisition Act, 1894 had lapsed under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Filing Reason
Petitioners claimed that the acquisition proceedings had lapsed under Section 24 of the 2013 Act as compensation was not paid or possession not taken.
Previous Decisions
Award dated 09.10.1997 was passed under the Land Acquisition Act, 1894, and possession was taken on the same date.
Issues
Whether the acquisition proceedings under the Land Acquisition Act, 1894 have lapsed under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Submissions/Arguments
Petitioners argued that the notifications under Sections 4(1) and 6(1) of the 1894 Act had lapsed under Section 24 of the 2013 Act.
Respondents contended that possession was taken and compensation paid, so Section 24 did not apply.
Ratio Decidendi
Where possession of the acquired land has been taken and compensation paid under the Land Acquisition Act, 1894, the acquisition proceedings do not lapse under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Judgment Excerpts
Land measuring 2 acres in Sy.No.7 and 1 acre in Sy.No.9 of Gubbalala village, Uttarhalli hobli, Bangalore South Taluk, amongst other lands though proposed to be acquired pursuant to a preliminary notification on 04.03.1994, Annexure-‘D’ under Section 4(1) of the Land Acquisition Act, 1894, (for short ‘Act’) and a final notification dated 14.06.1995 Annexure-‘E’ under Subsection (1) of Section 6 of the Act, led to the framing of an award dated 9.10.1997, following which possession of the land was taken by issue of...
In the instant case, possession of the land was taken on 09.10.1997 and compensation was also paid. Hence, the acquisition proceedings have not lapsed.
Procedural History
Preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 issued on 04.03.1994. Final notification under Section 6(1) issued on 14.06.1995. Award passed on 09.10.1997 and possession taken on same date. Petitioners filed writ petitions in 2014 seeking declaration of lapse under Section 24 of the 2013 Act. The High Court dismissed the petitions on 24.06.2015.
Acts & Sections
- Land Acquisition Act, 1894: Section 4(1), Section 6(1)
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Section 24
- Constitution of India: Articles 226, 227
