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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Shivmuni Devi, W/o. Sri Baijnath Sonar – Appellant
Versus
Bharat Coking Coal Limited – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
Prayer:
1. The instant appeal, under Clause 10 of the Letters Patent, is directed against order dated 13.01.2021 passed by learned Single Judge in W.P. (S) No. 1286 of 2008 whereby and whereunder the writ petition filed by the petitioner, seeking for direction upon the respondent-BCCL to provide employment in lieu of acquisition of land and house of the petitioner situated at Khata No. 23 Plot No. 163 Area 0.02 decimals in Mouza Barora District Dhanbad, was dismissed.
Brief facts of the case:
2. Brief facts of the case, as per the pleading available on record, reads as under:
3. The petitioner purchased 02 decimals of land in Khata No. 23 Plot No. 163 Area 0.02 decimals in Mouza Barora District Dhanbad from its rightful owner and made residential house thereupon. For the use and purpose of respondents-BCCL the land of the petitioner and others were acquired and a land acquisition proceeding was initiated being Land Acquisition Case No. 31/1991-92 and accordingly compensation to the tune of Rs. 2783.25 P for the vacant land of 2 decimal and Rs. 2001.02 P for the house situated upon the land of petitioner was assessed and received by the petitioner throu
The court upheld the dismissal of the writ petition, ruling that the absence of a dwelling house on the acquired land precluded entitlement to employment under the rehabilitation policy.
The main legal point established in the judgment is that for the acquisition proceedings to lapse under section 24(2) of Act of 2013, both the conditions of physical possession and compensation payme....
The acquisition process does not lapse under section 24(2) of the 2013 Act if compensation has been tendered to the landowners and possession of the land has been taken by the acquiring authority.
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.
Lapse of land acquisition proceeding – After acquisition of land and passing of award, land vests in State free from all encumbrances – Vesting of land with State is with possession – Any person reta....
The main legal point established in the judgment is that for the acquisition proceedings to lapse under Section 24(2) of the 2013 Act, the landowner must prove that possession was not taken and compe....
Section 24(1)(a) of the Act, 2013 applies only to land acquisition proceedings initiated under the Land Acquisition Act, 1894, and not to acquisitions initiated under any other Central or State enact....
Section 24(2) of the 2013 Act does not create a new cause of action to question finalized land acquisition proceedings where possession was taken and compensation paid.
Lapse of land acquisition proceeding – Period during which interim order passed by Court is/was operative, has to be excluded in computation of five years’ period.
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