V.GOPALA GOWDA, ADARSH KUMAR GOEL
SITA RAM – Appellant
Versus
STATE OF HARYANA – Respondent
Certainly. Here are the key points derived from the provided legal document:
When acquisition proceedings are completed and an award is made more than five years before the commencement of the relevant Act (2013 Act), and compensation has not been paid, the proceedings are deemed to have lapsed (!) (!) .
The period of stay or injunction granted by courts does not exclude or pause the calculation of the five-year period for proceedings to lapse (!) .
The legal fiction under the relevant section of the 2013 Act considers proceedings initiated under the earlier land acquisition law to have lapsed if the award was made five or more years prior to the new Act's commencement, provided compensation has not been paid or land possession has not been taken (!) (!) .
The actual physical possession of the land and non-payment of compensation are critical factors in determining whether proceedings have lapsed under the 2013 Act (!) .
The deposit of compensation amount in court or government treasury does not substitute or equate to actual payment to the landowner for the purpose of proceedings not lapsing (!) .
The interpretation of Section 24(2) of the 2013 Act clarifies that any stay or injunction does not extend or alter the five-year period for proceedings to be deemed to have lapsed (!) .
The lapse of proceedings can be established based on the passage of time, non-payment of compensation, and the absence of land possession, independent of other procedural or stay orders (!) .
The legal framework emphasizes the importance of timely payment and actual possession in preventing proceedings from lapsing under the 2013 Act (!) .
Please let me know if you need further elaboration or assistance regarding this document.
JUDGMENT
V.GOPALA GOWDA, J.
Leave granted.
2. This appeal is directed against the final judgment and order dated 05.07.2011 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 9710 of 2003 dismissing the Writ Petition.
The facts of the case are briefly stated hereunder:-
3. The appellant started his factory for manufacturing fireworks in the year 1990 at Village Kasar, Tehsil Bahadurgarh, District Jhajjar and was granted a licence by the Chief Controller of Explosives for storage of explosives under the Explosives Rules, 1983 framed under the Explosives Act, 1884.
4. Under the Explosives Rules, it is mandatory to maintain open radial safety distance of 71 meters from all sides around the magazine storing 2 Lakh Kgs. of fireworks. The letter dated 05.03.2001 was issued to the appellant’s firm by the Joint Chief Controller of Explosives, Faridabad, stipulating that 71 meters of safety radial distance must be maintained from all sides of the magazine storing 2 Lakh kgs of fireworks. The explosive rules further mandate that land of 71 meter radius around the magazine should also be free from construction for the continuance of the explosive license.
5. As
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