Important Point—Once there is no award passed, earlier proceedings if at all totally lapse and nothing will continue.

1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“… to issue a writ, order or direction more particularly one in the nature of writ of Mandamus – declaring the action of respondents 1 and 2 in issuing the impugned notice in RCA No.687/2006 Dt.28.4.2017 is arbitrary, illegal, unfair, unconstitutional and against to the principles of natural justice and against to the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, Act 30 of 2013 and also violative of Articles 14, 19, 21 and 300-A of Constitution of India, and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

Heard learned counsel for the petitioner and learned Government Pleader for Land Acquisition representing respondents and perused the prayer in the writ petition with supporting affidavit and other material on record including stay vacate petition with counter-affidavit of the 3rd respondent-Land Acquisition Officer and Revenue Divisional Officer, Machilipatnam.

Undisputedly, by order of this Court dated 26.02.2016 in W.P.No.21751 of 2006 maintained by the self same petitioner against respondents 2 and 3 herein, it was held with reference to Section 24 of the Act 30 of 2013 that if at all the respondents want to acquire the land, they have to proceed under the Act 30 of 2013 because there is no award passed. In fact, it is the contention of the 3rd respondent in his counter-affidavit that the proceedings already initiated under the Old Act, before the Act 30 of 2013 came into force shall continue, even there is an observation in the writ petition order supra of the New Act provisions to follow to mean only for the further proceedings to follow. It is not, in fact, the same of the law, much less, that is the observation in the said order of the learned Judge of this Court supra, on the scope of Section 24 of the Act 30 of 2013.

The Apex Court in Pune Municipal Corporation v. Harak Chand Misrimal Solanki (2014(3) ALT 18(SC) that is also quoted with approval by the Division Bench of this Court in P.Narasimhulu v. Land Acquisition Offier, Madanapalle and others (2016(3) ALT 250 (D.B.), wherein at para-16 held as follows:

“16. In Pune Municipal Corporation (1 supra) on the scope of Section 24(2) of the Act, 2013 it was held at paras 10 and 11:

10. Insofar as sub-section (1) of Section 24 is concerned, it begins with non obstante clause. By this, Parliament has given overriding effect to this provision over all other provisions of 2013 Act. It is provided in clause (a) that where the land acquisition proceedings have been initiated under the 1894 Act but no award under Section 11 is made, then the provisions of 2013 Act shall apply relating to the determination of compensation. Clause (b) of Section 24(1) makes provision that where land acquisition proceedings have been initiated under the 1894 Act and award has been made under Section 11, then such proceedings shall continue under the provisions of the 1894 Act as if that Act has not been repealed.

11. Section 24(2) also begins with non obstante clause. This provision has overriding effect over Section 24(1). Section 24(2) enacts that in relation to the land acquisition proceedings initiated under 1894 Act, where an award has been made five years or more prior to the commencement of the 2013 Act and either of the two contingencies is satisfied, viz; (i) physical possession of the land has not been taken or (ii) the compensation has not been paid, such acquisition proceedings shall be deemed to have lapsed. On the lapse of such acquisition proceedings, if the appropriate government still chooses to acquire the land which was the subject matter of acquisition under the 1894 Act then it has to initiate the proceedings afresh under the 2013 Act. The proviso appended to Section 24(2) deals with a situation where in respect of the acquisitio