The main legal point established in the judgment is the interpretation and application of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in determining the lapse of land acquisition proceedings initiated under the Land Acquisition Act, 1894.

S. RAVINDRA BHAT :

Facts

1. The Petitioners are, and prior to them their predecessors-in-interest were, the recorded bhumidars of lands comprised in Khasra no. 403/268/1, area measuring 6 bighas 9 biswas, and Khasra no.403/268/2, 6 bighas 9 biswas, total area 12 bighas 18 biswas, situated in the Revenue Estate of Village Chilla Saroda Banger, Delhi (the “subject lands”).

2. The subject lands were notified under Section 4 of the Land Acquisition Act, 1894 (the “Old Act”) on 17.11.1980 and in pursuant to the said notification a declaration under Section 6 of the Old Act was also issued by the Government on 29.09.1981. Based on the notifications under Sections 4 and 6 as mentioned above, Award No.39/82-83 was made on 30.09.1982 for the subject lands, under the provisions of the Old Act. It is the Petitioners’ assertion that the physical possession of the subject lands was not taken and neither has the compensation been paid so far.

3. Citing the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereafter also, “the New Act”), promulgated by the Parliament on 01.01.2014, the Petitioners highlighted Section 24, that envisages that, in case of a land acquisition proceeding initiated under the Old Act, where an award under Section 11 has been made five years or more prior to the commencement of the New Act, i.e. prior to 01.01.2014, and the physical possession of the said land has not been taken or the compensation has not been paid; the said proceedings shall be deemed to have lapsed.

4. The Petitioners aver that despite having applied for payment of compensation and despite having visited the offices of the Land Acquisition Collector (LAC) on various dates, the amount of compensation was neither tendered nor paid to the Petitioners and thus, they have resorted to filing this writ petition.

5. In the counter affidavit on behalf of one of the respondents, the Delhi Development Authority (DDA), dated 05.11.2015, it was stated that the possession of the subject lands had been acquired vide Award No. 39/82-83, although the physical possession had not been handed to the DDA by the LAC. It was further averred by the DDA that the compensation had also been remitted by them to the LAC/L&B Department of the GNCTD for the subject lands. Likewise, in the counter affidavit dated 30.01.2016, the LAC contended that the present writ petition was frivolously filed and is liable to be dismissed as the recorded owner for the land falling in khasra number 403/268 min was the Gaon Sabha, and the Petitioners have wrongfully claimed ownership over the same.

6. Subsequent rejoinder affidavits were filed by the Petitioners refuting the contentions of the Respondents in their counter-affidavits.

Analysis

7. Section 24(2) of the New Act reads as follows:

“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 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 determination of compensation shall apply; or

(b) Where an award under said section 11 has been made, then such proceeding 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 sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act,1894 (1 of 1894), 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 afresh in accordance with the