The effect of interim orders on acquisition proceedings and the entitlement to compensation under the Act of 2013, as influenced by the interpretation of Section 24(1)(a) and the Faizabad Ayodhya Development Authority case.

ORDER :

(Sandeep V. Marne, J.) -

1. The issue involved in the present Civil Application is about entitlement of the applicants, who are the original petitioners, to get compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the ‘Act of 2013’) by taking the reference date as 01.01.2014 in view of the directions issued by the Central Government vide Notification/Circular dated 26.10.2015.

2. Petitioner has filed the present Civil Application in a disposed of Writ Petition No.1228 of 2015. Therefore, it would be necessary to set out brief factual background under which the Civil Application has been filed.

3. The land admeasuring 4-Hector, 59-Are from Survey No.148/1 was sought to be acquired for Shirdi Sansthan (respondent no.4) for construction of Dahrmashala. The notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act of 1894’) was published on 27.09.2000. Petitioners’ predecessor in title raised an objection to the acquisition under Section 5-A of the Act of 1894, which was rejected. Thereafter, declaration under Section 6 was published on 21.09.2001. The notification issued under Section 4 and declaration under Section 6 of the Act of 1894 were assailed in Writ Petition No.390 of 2002. By order dated 29.04.2002, the petition was admitted and the parties were directed to maintain status quo until further orders. It is undisputed position that on account of the status quo order passed on 29.04.2002, the acquisition proceedings could not be completed during pendency of the petition. By judgment and order dated 25.04.2014, this Court dismissed Writ Petition No.390 of 2002 in so far as the challenge to the notification issued under Section 4 and declaration under Section 6 of the Act of 1894 was concerned. However, it was clarified that the compensation should be determined as per the provisions of the Act of 2013.

4. Thereafter Writ Petition No.1228 of 2015 came to be filed seeking directions to the respondents to invoke the provisions of the Act of 2013 for declaration of Award in respect of the land under acquisition. A direction was sought for issuance of fresh notification under Section 4 (2) and to decide the market value and to pay the compensation as provided under the Act of 2013. By order dated 09.02.2015, Writ Petition No.1228 of 2015 came to be rejected by this Court holding that this Court had already held in Writ Petition No.390 of 2002 that the proceedings till the stage of notice under Section 9 of the Act of 1894 were saved and only the compensation will have to be determined as per the provisions of the Act of 2013. Therefore, the contention of the petitioners for issuance of fresh notification under Section 4 (2) of the Act of 2013 was rejected.

5. Third Writ Petition No.1943 of 2016 was filed seeking a declaration that the land acquisition proceedings had lapsed in view of the provisions of Section 25 of the Act of 2013. Said writ petition came to be dismissed by this Court by judgment and order dated 03.03.2016.

6. The petitioners challenged the judgments and orders passed by this Court in Writ Petition Nos.390 of 2002, 1228 of 2015 and 1943 of 2016 before the Supreme Court. When all three Special Leave Petitions were listed before the Supreme Court on 19.02.2018, the petitioners sought liberty to withdraw the SLPs for moving this Court by way of appropriate application(s) in the light of the Government Notification/Circular dated 26.10.2015. The Supreme Court permitted the petitioners to do so. This Court was directed to consider such application(s) filed by the petitioners on their own merits, without being influenced by any of the observations made in the earlier judgments and having regard to the fact that the Government Notification/Circular date