The main legal point established is that in cases where land acquisition proceedings were initiated under a repealed Act and no award was made, the provisions of the new Act regarding compensation determination shall apply, and the right to receive fair compensation matures only with the pronouncement of an award under the new Act.

JUDGMENT :

Pankaj Mithal, J.

1. All the three writ petitions are identical and similar on facts. They give rise to a common question of law and, as such, have been taken up together with the consent of the parties.

2. The petitioners through the medium of these writ petitions under Article 226 of the Constitution of India want that the respondents be restrained from passing an award under Section 11 of the repealed Land Acquisition Act, Svt. 1990 which is in pari materia with the Land Acquisition Act, 1894 and, that they should be paid compensation of their acquired land in accordance with the provisions of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the new Act').

3. In addition to the above primary relief claimed in the writ petitions, the petitioners have also prayed that the notification dated 15.11.2016 issued under Section 4 of the Land Acquisition Act (for short 'the Act') and the declaration dated 12.11.2018 issued under Section 6 of the Act as also the ancillary notices issued under Section 9 A and 9 B of the Act be quashed.

4. Heard Sh. Jatinder Choudhary, learned counsel for the petitioners and Sh. D.C. Raina, learned Advocate General for the respondents.

5. Both of them agreed for the final disposal of the petitions on the basis of material already on record.

6. Sh. Jatinder Choudhary, learned counsel for the petitioners submitted that the petitioners would be satisfied if instead of quashing the land acquisition proceedings, the petitioners are directed to be paid compensation of the acquired land in accordance with the provisions of Section 24 of the new Act.

7. Learned Advocate General, on the other hand, contended that since the acquisition proceedings have been initiated under the Act, in view of Section 6 of the General Clauses Act read with sub-clause (13) of Clause 2 of the Removal of Difficulties Orders, 2019 and 2020 issued vide S.O. No. 3912(E) of 2019, dated 30.10.2019 of the Ministry of Home Affairs (Department of Jammu and Kashmir Affairs), the repeal of the Act shall not affect the right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed and that any investigation, legal proceedings or remedy may be instituted, continued or enforced as if this Act (J&K Reorganization Act, 2019) had not been passed. Therefore, the award in respect of the aforesaid acquisition has to be made in accordance with the provisions of the Act itself and Section 24 of the new Act would not be applicable.

8. It may be noted that the Land Acquisition Act, 1894 was applicable to the whole of India except the State of Jammu and Kashmir where the aforesaid Act was in force. The provisions of Section 11 of the Act with regard to the making of an award are similar in both the aforesaid Acts. The Land Acquisition Act was repealed vide Section 114 of the new Act which was enforced in the country with effect from 01.01.2014. The new Act was made applicable to the whole of India except the State of Jammu and Kashmir. However, by virtue of Entry No. 94 of Table I of the 5th Schedule of the J&K Reorganization Act, the word “except the State of Jammu and Kashmir” appearing in Section 1(2) of the new Act was directed to be omitted, thus applying the new Act to the whole of India including the J&K with effect from 31.10.2019. In short, the Act stood repealed in its application to J&K from 31.10.2019 and the new Act was enforced.

9. The new Act vide Section 24 of the Act clearly provides that in case where land acquisition proceedings were initiated under the Land Acquisition Act which include the Act, and where no award under Section 11 of the said Act has been made then all provisions of the new Act relating to the determination of compensation shall apply.

10. Section 24 of the new Act with which we are concerned is quoted below:-

“24. Land acquisition process under Act No. 1 of 1894 shall be deemed to h