IMPORTANT POINT
In compulsory acquisition approach under law regarding compensation is not ‘come and get’ but ‘go and give’.

JUDGMENT :

Kurian, J.

1. Leave granted.

2. The appellant-Aligarh Development Authority took steps for acquisition of land belonging to the respondent No.1 as per Notification issued under Section 4(1) of the Land Acquisition Act, 1894 (For short `1894 Act') on 09.08.2004. Simultaneously emergency clause was also invoked under the provisions of Section 17 followed by Section 6 declaration dated 03.08.2005. According to the appellant possession of the land was taken and part of the compensation was deposited with the Special Land Acquisition Officer.

3. The respondent No.1 challenged the acquisition on various grounds and the High Court of Judicature at Allahabad by the impugned Judgment dated 21.10.2010 allowed the writ petition and quashed the Notification dated 09.08.2004 and the declaration dated 03.08.2005. Among other reasons, the main reason for taking such a view is that after invoking emergency clause, no award was passed even after the expiry of four years. Thus aggrieved, the Requisitioning Authority - Aligarh Development Authority is before this Court. When the matter was pending before this Court, the land owner non-applicant filed I.A. No. 3/2015 contending that respondent No.1 is entitled to a declaration that acquisition proceedings have lapsed in view of the operation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (For short `2013 Act'), since neither compensation has been paid to the owner nor possession has been taken by the Land Acquisition Collector.

4. The appellant-Authority has filed reply to the affidavit stating that the compensation has been deposited with the Land Acquisition Collector. As far as the possession is concerned, it is stated in the affidavit that the land has already been taken in possession and a `full-fledged and complete residential colony has been developed'.

5. It is however an admitted position that no Award either under the 1894 Act or under the 2013 Act has been passed in respect of the land of respondent No.1. Section 24 of the 2013 Act reads as follows:

“24. Land acquisition process under Act No.1 of 1894 shall be deemed to have lapsed in certain cases.-

(1) Notwithstanding anything contained in this Act, in any case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894),-

a) Where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or

b) Where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.

(2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:

Provided that where an award has been made and compensation in respect of a majority of land holding has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.”

6. Section 24 of the 2013 Act envisages mainly two situations;

i) where the land acquisition proceedings had already been initiated under the 1894 Act but no award was passed till the date the new Act came into force.

(ii) where the Award has been passed but neither the owner has been dispossessed nor has he been paid the com