Veerendr Singh Siradhana, J.

Bharat Bhawan nirman Sahkari Samiti Limited - the petitioner have instituted the instant writ application for relief under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the Act of 2013", for short), inter-alia, praying for a declaration that the acquisition proceedings with reference to land owned and possessed by the petitioner - Samiti (Khasra No.87 and 88 and New Khasra No.127 & 142), deemed to have lapsed.

2. Mr. Dhruv Mehta, learned Senior Counsel, assisted by Mr. Anubhav Ray and Mr. Sagnik Basu, reiterating the pleaded facts and grounds of the writ application, submits that for any successful claim under Section 24(2) of the Act of 2013; three conditions are required to be satisfied i.e., (i) the acquisition proceedings must have been initiated under the Land Acquisition Act, 1894; (ii) the award with respect to the land in question must have been made five years or more, prior to the coming into effect of the Act of 2013 i.e. 01.01.2014, and (iii A) either compensation for the land acquired has not been paid to the beneficiary; or (iii B) the possession of the land acquired has not been taken over by the authorities.

3. According to the Counsel, the conditions aforesaid as contemplated under Section 24 of the Act of 2013, are satisfied in the instant case at hand, and therefore, the petitioner - Samiti (land owner), have the right for a declaration that the acquisition proceedings deemed to have lapsed.

4. Mr. Mehta urged that the land acquisition proceedings for the land in question were initiated by the State-respondents under the provisions of the Rajasthan Urban Improvement Act, 1959 (hereinafter referred to as "the Act of 1959", for short). A notice under Section 52(2) of the Act of 1959, was issued on 22nd May, 1975 (Annexure-P-10), followed by a notification under Section 52(1) on 30th October, 1996. The proceedings precipitated into an award with respect to Khasra No.88 on 31st July, 1978, whereas no award with respect to Khasra No.87, was made until 28th April, 2006.

5. For the Land Acquisition Act, 1894 came into force from 1st March, 1894, and was extended to the State of Rajasthan with effect from 24th September, 1984. Subsequent to the extension of the Act of 1894 to the State of Rajasthan, the Act of 1959 was also amended in the year 1987. However, the Rajasthan Urban Improvement (Amendment) Act, 1987, was struck down by this Court as the same did not receive the assent of the President of India. Subsequent thereto, the Rajasthan Urban Improvement (Amendment and Validation) Act, 1990 (hereinafter referred to as "the Act of 1990", for short), was passed, which received the assent of the President of India on 24th March, 1995.

6. Section 60-A was inserted in the Act of 1990 by the Legislature for the same was a transitory provision for pending matters relating to acquisition of the land. Referring to sub-section (3) of Section 60-A, learned Senior Counsel asserted that the land acquisition proceedings in the instant writ application, therefore, would be deemed to have been initiated under the Act of 1894 for Section 60-A(3) contemplated a deeming provision by which any notification under Section 52(2) and Section 52 of the Act of 1959, pending on the date of the Act of 1990 coming into force, would be deemed to be notifications under Section 4(1) and Section 6(1) of the Act of 1894, respectively.

7. It is further contended that the effect of a deeming provision is to project backwards the provisions of that amending Act so as to read them into the principal Act as they were part of the principal Act on the date on which it was notified. Thus, the new provisions, in absence of any inconsistency or absurdity, would be deemed to have always formed part of the provisions originally enacted. Therefore, applying the effect of the deeming provision contemplated under Section