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IN THE HIGH COURT OF CHHATTISGARH
Amitendra Kishore Prasad, J.
Devnath Sinha S/o Late Mohan Lal Sinha And Ors. - Appellant
Versus
State Of Chhattisgarh through The Secretary, Department Of Housing And Environment, Mantralaya, Naya Raipur C.G. And Ors. - Respondent
WPC/1030 OF 2014
Decided On : 07-02-2025
(A) Land Acquisition Act, 1894 - Sections 4, 5(A), 6, and 9 - Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 - Section 50 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Sections 24 and 25 - Petitioners challenge land acquisition proceedings on grounds of non-compliance with mandatory provisions, including failure to notify scheme and hear objections, resulting in violation of property rights under Article 300-A of the Constitution. (Paras 2, 3, 4, 6, 20)
(B) The court found that the award passed on 29.06.2015 was invalid as it was not completed within the one-year period mandated by the 2013 Act after the notification under Section 6 was published. (Paras 4, 20)
(C) The court emphasized that the legislative intent of the 2013 Act was to ensure timely and fair compensation while protecting landowners' rights. (Paras 17, 20)
Facts of the case:
The petitioners, landowners from Village-Navagaon, challenged the acquisition of their land for a development project, asserting that the acquisition process violated statutory requirements and their constitutional rights.
Findings of Court:
The court quashed the land acquisition proceedings due to non-compliance with statutory provisions and the failure to complete the process within the stipulated time frame.
Issues: The main issues included whether the land acquisition proceedings complied with statutory requirements and whether the award was valid given the timeline established by the 2013 Act.
Ratio Decidendi: The court ruled that the failure to adhere to mandatory provisions of the Land Acquisition Act and the 2013 Act rendered the acquisition proceedings invalid, emphasizing the need for compliance with statutory timelines and procedures.
Result: The petition was allowed, and the land acquisition proceedings were quashed.
Order :
(Amitendra Kishore Prasad, J.)
1. The present writ petition has been filed by the petitioners with the following prayers:-
“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the Land Acquisition case No. 7-A/82/2012- 13 which is pending before the Sub Division Officer.
10.2 That, this Hon'ble Court may kindly be pleased to quash the entire Land Acquisition Proceeding pending before Sub Divisional Officer-Cum-Land Acquisition Officer, Arang- Abhanpur, in Land Acquisition Case No. 7-A/82/2012-13.
10.3 This Hon'ble Court may kindly be quash the notification issued under Sections 4, 6 & 9 of the Land Acquisition Act in Revenue Case No. 7-A/82/2012-13.
10.4 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition.
10.5 That, this Hon'ble Court pleased to quash the notification under Section 6 of the Land Acquisition Act and notice under Section 9 of the Act.
10.6 That, this Hon'ble Court may kindly be pleased to quash the award dated 29-06-2015 passed in Land Acquisition Case No.7-A/82/2012-13”.
2. The petitioners are challenging the Land Acquisition proceedings initiated for acquisition of their land in Land Acquisition Case No. 7-A/82/2012-13 on the ground that mandatory provisions under Section 5 (A) of the Land Acquisition Act, 1894 has not been followed which is violative of provisions of the Land Acquisition Act as well as Article 300-A of the Constitution of India.
3. The petitioners are further challenging award dated 29.06.2015 passed in Land Acquisition Case No. 7-A/82/2012-13 on the ground that it violates Section 50 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred as Adhiniyam-1973). According to which the scheme should be prepared and notified in the Gazette Notification and within 2 years of the notification of the scheme, the objection and suggestions will be called. According to sub Section 4 of Section 50 of the Act, 1973, the objection should be heard and decided after giving proper opportunity of hearing. According to petitioners the provisions of Section 50 of Adhiniyam-1973 has not been followed which is mandatory in nature as from that only the public element in the project can be determined.
4. In the present matter no such notification under Section 50 was ever been published. Neither any objection under sub Section 4 of Section 50 was called and heard as such the entire land acquisition proceedings is vitiated. According to the petitioners as the scheme has not been notified there is absolutely no public purpose and upon the whims and wishes of the authorities, the lands were being taken and it is being sold on higher rates. The petitioners who are mostly agriculturist their livelihood is based upon the agriculture. According to Section 24 of Right to Fair Compensation and Transparency in Land Acquisition, rehabilitation and Resettlement Act, 2013, it has been mentioned that if the land acquisition proceedings are pending under old act and herein after coming into force of the Act 2013, the Act 2013 would be applicable and if within 12 months from the date of publication of declaration under Section 19 (old Act under Section 6 of Land Acquisition Act) for acquisition of the land. In the present matter Gazette Notification under Section 6 of the Land Acquisition Act was published on 27.09.2013 and as such 12 months period will be calculated from 27.09.2013 to 27.09.2014, however, after expiry of that one year period, the award was passed on 29.06.2015. On the basis of old Land Acquisition Act of 1894 as such the entire land acquisition proceedings vitiates and the award passed is liable to be quashed.
5. The case as projected by the petitioners, is that, all the petitioners are resident of Village- Navagaon, Revenue Circle Mandir Hasoud, Tahsil Arang, District- Raipur, C.G. They are all private land owners and their lands are proposed to be
Land acquisition proceedings are invalid if statutory requirements are not met, particularly regarding notifications and timelines, as established by the Land Acquisition Act and the 2013 Act.
Failure to pass an award within 12 months post-enactment of the new land acquisition legislation results in lapse of the acquisition proceedings initiated under the old legislation.
The main legal point established in the judgment is that for lapsing of acquisition proceedings under Section 24(2) of the Act of 2013, both the conditions of physical possession and payment of compe....
Once possession is taken and an award is passed, challenges to land acquisition proceedings are not maintainable, and remedies for compensation must be sought through reference proceedings.
Section 24(2) of Act of 2013 does not give rise to new cause of action to question the legality of concluded proceedings of land acquisition. Section 24 applies to a proceeding pending on the date of....
Land Acquisition – Possession not taken - Lapse of proceedings – stale and dead claims cannot be permitted to be canvassed on the pretext of enactment of Section 24
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