Acquisition proceedings initiated under the Land Acquisition Act, 1894, where an award has been made five years or more prior to the commencement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, but the physical possession of the land has not been taken or the compensation has not been paid, shall be deemed to have lapsed.

JUDGMENT

1. The present writ petition is filed under Article 226 of the Constitution of India seeking Writ of Mandamus declaring the action of the respondent authorities in trying to dig the canal across the petitioner's land in Sy.No.60/10 of Unagatla Revenue Village, Chagallu Mandal, West Godavari District, without issuing any notice or initiating any proceedings either under land acquisition Act or under any other law as illegal and arbitrary.

2. The brief facts of the case is that the petitioner acquired agricultural land in an extent of Ac.4.78 cents inSy.No.60/10 of Unagatla Revenue Village, Chagallu Mandal, West Godavari District, by way of registered settlement deed bearing document Nos.1146/81, dtd. 8/4/1981 and 1731/83, dtd. 15/6/1983, executed by his sister. Since then he was in peaceful possession and enjoyment without any interference from whom so ever concerned. The revenue authorities have mutated the petitioner's name in the revenue records and issued pattadar pass book bearing patta No.130 dtd. 4/7/1996. On 11/12/2010, the respondent authorities came to land in Sy.No.60/10 for digging the canal across the petitioner's property as if the land was already acquired under Land Acquisition Act, for which the petitioner resisted and demanded the respondent authorities to show the acquisition proceedings issued in their favour. The respondent authorities have failed to produce the same and then stalled the excavation work temporarily. It was proclaimed that the respondent authorities have already acquired the property for the purpose of Tadipudi Lift Irrigation Scheme. Having no other alternative remedy, the petitioner preferred this petition.

3. Learned counsel for the petitioner submits that the petitioner is the absolute owner of the land acquired by him in an extent of Ac.4.78 cents in Sy.No.60/10 of Unagatla Village, Chagallu Mandal, West Godavari District, by way of registered settlement deed bearing document nos.11146/81, dtd. 8/4/1981 and 1731/83, dtd. 15/6/1983. He further submits that the respondent authorities without issuing any notice or acquiring any part of the property as contemplated under Land Acquisition Act, are trying to dig the canal across the said land for the purpose of Tadipudi Lift Irrigation Scheme.

4. Leaned counsel for the petitioner mainly contended that if the respondent authorities are allowed to dig the canal across the said lands without following due process of law, he shall be deprived of his livelihood which would put him to suffer irreparable loss and hardship. He further submitted that he raised paddy crop, coconut and palm trees in the said land, and if they were damaged, it would cause irreparable loss.

5. He further contended that if any alleged award has been passed, or even an award as alleged is passed, they might have been deposited the award amount either in the account of the petitioner or to the credit of the Court below. But, the fact remains no such deposit was made by the respondent authorities. He further contended that therefore except 4(1) notification, the petitioner was never issued any notice calling for objections under sec. 5(a) of the Act or notice for the award and till today the subject lands are within the possession of the petitioner only. As such, the alleged acquisition under the provisions of the Land Acquisition Act, 1894, is not in accordance in law. He further contends that the Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Rules 2014,(Hereafter Act 30 of 2013) envisages as under:

"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 sec. 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation sha