VIKRAMAJIT SEN, PRAFULLA C.PANT
COMPETENT AUTOMOBILES CO. LTD. – Appellant
Versus
UNION OF INDIA – Respondent
ORDER
VIKRAMAJIT SEN, J.
1. All of these Appeals were admitted before the commencement of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. After commencement thereof, the Appellants changed the tack of their challenge – originally framed under the Land Acquisition Act, 1894 -and impugned the acquisition proceedings in toto, by evoking the deemed lapse of proceedings under Section 24(2) of the 2013 Act. Any determination under this provision must proceed sequentially. First, the factum of an Award under Section 11 of the Land Acquisition Act, 1894, must be clearly established. The said Award must predate the commencement of the Act, i.e., 01.01.2014., by at least five years (or more), i.e., the Award must have been passed on or before 01.01.2009. This having been established, if possession is found to not have been taken, or compensation not paid, then the proceedings shall be deemed to have lapsed. Thereafter, the appropriate Government, if it so chooses, may reinitiate acquisition proceedings in respect of the same land, but under the 2013 Act’s regime.
2. Each and every deeming operation under Section 24(2) requires un
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