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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Harbans Singh, S/o. Late S. Mohinder Singh – Appellant
Versus
State Of Chhattisgarh, Through Secretary, Revenue Department, Mantralaya – Respondent
Order :
Parth Prateem Sahu, J.
1. As the question for determination in above writ petitions is one and the same, therefore, they are being heard together and decided by this common order.
2. Facts of case, in brief, are that respondent No.3 Sub-Divisional Officer-cum- Land Acquisition Officer, Aarang / Abhanpur issued nwotification under Section 4 (1) of the Land Acquisition Act, 1894 (henceforth ‘the Act of 1894’), which was published in daily newspaper on 29.3.2013. Thereafter, notification under Section 6 of the Act of 1894 was published. During pendency of land acquisition proceeding, new act namely “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the Act of 2013’) came into force w.e.f. 1.1.2014. After following procedure as prescribed under the Act of 2013, award under Section 23 of the Act of 2013 came to be passed on 18.9.2015, Annexure P-1, by respondent No.3 computing compensation to be paid against acquisition of land of respective petitioners along with others under the land acquisition proceeding.
3. Petitioners have filed these writ petitions primarily on the ground that after notification and comi
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.
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.
(1) Lapse of land acquisition proceeding – Section 11A of 1894 Act and Section 25 of 2013 Act prescribe two different periods of limitation with adverse consequences, as on failure to make award acqu....
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.
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 acquisition proceedings under the Land Acquisition Act, 1894 lapsed as the award was not passed within the one-year period mandated by the Right to Fair Compensation Act, 2013.
Section 25 of LARR Act reads as Period within which an award shall be made –The Collector shall make an award within a period of twelve months from the date of publication of the declaration under se....
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