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2014 Supreme(P&H) 494

HEMANT GUPTA, FATEH DEEP SINGH
Maharana Partap Charitable Trust – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Petitioner:Mr. M.L. Sarin, Senior Advocate, with Mr. Hemant Sarin, Advocate.
For the Respondent Nos.1 & 2: Ms. Shubhra Singh, DAG, Haryana.
For the Respondent No.3:Mr. Arun Walia, Senior Advocate, with Mr. J.P. Bhatt, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.: - Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the Act’) is subject matter of interpretation before this Court. The said Section reads as under:

“24. Land Acquisition process under Act No.1 of 1894 shall be deemed to have lapsed in certain cases – (1) xx xx

(2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 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 provisions of this Act;

Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4




















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