The main legal point established in the judgment is the interpretation and application of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in the context of the acquisition of lands for the Waghur Irrigation Project.

R.M.Borde, J.

1. Heard Mr. Girish V. Wani, learned Counsel appearing for petitioners, Mrs. M.A. Deshpande, learned A.G.P. for Respondents No.1, 2 and 4; Mr.S.D.Dhongade, learned Counsel for Respondent No.4 and Shri P.M.Shah, learned Senior Counsel was requested to assist the Court in disposal of the petitions.

2. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

3. Petitioners are the agriculturists whose lands are sought to be acquired for construction of a branch canal for Waghur Irrigation Project. Petitioners are objecting to the Notification issued under Section 4 of the Land Acquisition Act on 21.02.2012 as well as notice of possession issued on 16.06.2014.

4. It has been brought on record that award has been passed in the matter, determining amount of compensation, on 17.07.2013. It is the contention of petitioners that possession of the subject lands has not been taken over by the acquiring body. Petitioners contend that they have not been paid amount of compensation and as such, in view of provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, “Act of 2013”), acquisition proceedings shall be deemed to have lapsed and it would be open for the State Government to initiate fresh acquisition proceedings and determine amount of compensation. It is also alternatively contended that even if it is assumed that some of the claimants, whose lands have been acquired, have received amount of compensation under the award, however, since majority of the land holdings have not been paid amount of compensation, amount of compensation shall have to be determined in accordance with the proviso to subsection (2) of Section 24 of the Act of 2013.

5. That, so far as challenge raised by petitioners to the notification issued under Section 4 of the Land Acquisition Act, 1894, (for short, “Act of 1894”), is concerned, considering reply tendered on record, we do not find any reason to accept the said contention. However, argument advanced on behalf of petitioners that they are entitled to claim benefits under the provisions of Act of 2013, deserves consideration.

6. Petitioners contend that though award is declared on 17.07.2013, until the date of enforcement of provisions of Act of 2013 i.e. 01.01.2014, amount of compensation has not been paid to the petitioners. As such, according to them, in view of subsection (2) of Section 24 of the Act of 2013, proceedings of acquisition shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate proceedings of such land acquisition afresh in accordance with provisions of Act of 2013.

7. It would be apt to refer to the relevant statutory provisions of the Act of 2013, which reads thus:

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 subsection (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1984), 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