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SURESHWAR THAKUR, KULDEEP TIWARI
J. D. Wood Products – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J.
Through the instant writ petition, the petitioner had asked for de-notification or for release of the petition lands, thus on the ground that the earlier issued notification(s) Annexure P-4, and, Annexure P-5, as became respectively issued on 18.08.1987, and, 16.08.1988, in terms of sections 4 and 6 of the LAND ACQUISITION ACT , 1894 (hereinafter for short call as the 'Act of 1894'), thus inviting the mandate of Section 24 (2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter for short refer to as the 'Act of 2013'), whereby there is lapsing of the earlier launched acquisition proceedings under the 'Act of 1894'.
2. The above claim/prayer in the writ petition was contested on behalf of the respondents through theirs instituting a reply on affidavit to the present petition.
Factual background of the case
3. The petitioner has earlier accessed this Court through theirs instituting Civil Writ Petition no. 26589 of 2016, and, through a decision made thereon on 27.11.2017, this Court allowed the writ claim, as became banked upon the provisions of Section 24 (2) of 'Act of 2013'
The main legal point established in the judgment is that for lapsing of acquisition proceedings under Section 24(2) of the Act of 2013, both the conditions of physical possession and payment of compe....
The physical possession of the land and tendering of compensation discharge the state's obligation, and the land essential for public purpose cannot be released from acquisition.
The petition under Section 24(2) of the Act of 2013 must meet the gap period of five years, and the physical possession and compensation tender must be valid. The essentiality of the land for public ....
No lapse of proceedings under the Act of 1894 occurs if compensation has been paid and possession of the acquired land has been assumed, even if no award has been made.
The judgment establishes the importance of physical possession and disbursement of compensation in determining the lapsing of acquisition proceedings under the 2013 Act.
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 fulfillment of conditions regarding possession and compensation is crucial in determining the lapsing of acquisition proceedings under the 2013 Act.
(1) Courts should adjudicate on all issues and give its findings on all issues and not to pronounce judgment only on one of issues.(2) Lapse of land acquisition proceeding – There being delay in pass....
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