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2016 Supreme(SC) 444

SUPREME COURT OF INDIA
Kurian Joseph and Rohinton Fali Nariman, JJ.
Pawan Kumar Aggarwal - Appellant
Vs.
State of Punjab & Ors. - Respondents
Civil Appeal No. 3789 of 2016 (Arising out of SLP (C) No. 5502/2014)
Decided on : 11-04-2016

IMPORTANT POINT
When in a land acquisition proceeding award is passed but the land owner is not dispossessed, he would be entitled to protection of section 24(2) of the 2013 Act.

Headnote:Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Award passed but appellant not dispossessed – Entitled to protection of section 24(2) – Proceedings quashed. (Para 2)

       (2015) 3 SCC 206 – Relied upon

       Facts of the case:

       Land of the appellant was acquired and award passed but he has not been dispossessed.

       Finding of the Court:

       Appellant is entitled to protection of section 24(2) of 2013 Act.

       Result: Appeal allowed.

JUDGMENT :

KURIAN JOSEPH, J.

Leave granted.

2. It is not in dispute that though an award was passed in respect of the land belonging to the appellant, the appellant has not been dispossessed and hence the appellant is entitled for the protection under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In fact, we find that in respect of the same very acquisition Notification in a situation where the possession is still retained by the owner, this Court by Judgment dated 22.01.2015 in C.A. No. 7424 of 2013 titled Karnail Kaur v. State of Punjab reported in (2015) 3 SCC 206 has quashed the Notification, therefore, this appeal is allowed. Proceedings for acquisition in respect of the land belonging to the appellant covered by this appeal stand quashed.

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