IMPORTANT POINTS
Non deposit of compensation u/s 31 will only invite higher rate of interest, it will not lapse the acquisition.
Dead and stale claims cannot be revived u/s 24.

JUDGMENT :

1. Delay condoned.

2. There is a gross abuse of the process of law reflected in the instant case. In Raisena, Lutyen's zone of New Delhi the acquisition took place and awards were passed thereto in 1911-1912. A writ petition was filed by the petitioners before the High Court after 105 years later, urging that compensation has not been paid; due to operation of the provisions of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013 (for short, "the 2013 Act"), the land acquisition has lapsed.

3. In the writ petition filed by the petitioners in the High Court they claimed to be the fourth Generation of Nathu son of Kaalu. It was averred that Government passed the award Nos.55 and 56 in the year 1911-1912. The predecessors in interest of the petitioners were cultivators in the capacity of Gair Morusi tenants. As per the prevalent policy, at the relevant time, cultivators and tenants were entitled to 50 per cent of the compensation. About 100 acres of the land of the predecessors had been acquired in the village Raisina. A declaration under Section 6 of the Land Acquisition Act, 1894 (for short, "the Act") was issued. Nathu and Kaalu were held entitled to compensation in the award Nos.55 and 56 which was passed. In the awards P-2 and P-3, which have been placed on record, the year 1911 and 1912 had been mentioned, not the actual date on which said awards had been passed.

4. It was further averred in the petition that the predecessors of the petitioners have not taken the compensation. The petitioners were running from pillar to post to get their rights and they have approached various political leaders/authorities for their help but it was to no avail. Now, the Act of 2013 has come into force. The provisions of section 24(2) of the 2013 Act provides that where an award under section 11 of the Act has been made before five years or more but compensation has not been paid, the said proceedings shall be deemed to have lapsed.

5. It was further averred that though, the physical possession had been taken by the Government and passed over to the Government offices and leased out to private parties as such, the award Nos.55 and 56 are illegal and inoperative and the land acquisition process stands lapsed.

6. It was further submitted that Government would allot the land in question and create third party interest. If that is done, petitioners shall suffer irreparable loss and damage. Thus, the Government should be restrained from creating third party interest. Certain occupants are raising construction and third party interest are likely to be created and therefore order maintaining status quo has to be made regarding the nature, title and possession of the land including restraint on construction activity. Prayer has also been made to restore the land of the petitioners' ancestors to petitioners and alternatively to provide a similar land with the same market value to them.

Section 24 of the Act of 2013 is extracted hereunder:

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,-

(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, when 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 compensati