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ARIJIT BANERJEE, APURBA SINHA RAY
State of West Bengal – Appellant
Versus
Pranab Kumar Mukherjee – Respondent
JUDGMENT :
ARIJIT BANERJEE, J.
1. This appeal is directed against a judgment and order dated May 16, 2016, whereby the writ petition of the respondent no. 1 herein being W.P. No. 5590(W) of 2016, was disposed of with the following direction:
2. The undisputed facts of the case are that land of the respondent/writ petitioner was taken over by the State Government for construction of Haringhata-Panpur Road in the District of Nadia, in connection with L.A. Case No. 2/PWD/04-05. A notice under Section 4 of the Land Acquisition Act, 1894, was issued on January 10, 2007. No declaration was published under Section 6 of the 1894 Act. Hence, the acquisition proceedings initiated by the notice under Section 4 of the 1894 Act in 2007, lapsed.
3. It
Where no award has been made under the Land Acquisition Act, 1894, the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, re....
Where Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) applies, i.e. where there is no Award on the date o....
The main legal point established in the judgment is that the acquisition proceedings lapsed as no award was made within 2 years of the declaration under Section 6 of the 1894 Act, and the State was d....
No lapse of proceedings under the Act of 1894 occurs if compensation has been paid and possession of the acquired land has been assumed, even if no award has been made.
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