SURESHWAR THAKUR, KULDEEP TIWARI
Raj Rani – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J. (Oral)
The writ of certiorari, as asked to be made in the present petition, relates to the quashing of the notification (Annexure P-1), as became issued under Section 4 of the LAND ACQUISITION ACT , 1894 (hereinafter referred to as the 'Act of 1894'), thus on 11.11.2002, whereby, the petition lands were brought to acquisition. Moreover, the further claim, as made in the present petition, is for the quashing of the notification (Annexure P-2), as became drawn under Section 6 of the Act of 1894, thus on 07.11.2003.
2. The learned counsel for the petitioner, in asking for the quashing of the Annexures (supra), makes a vehement espousal before this Court, that since the acquisition proceedings, as became launched under the Act of 1894, did not result, after an award being made by the learned Collector concerned, in pursuance to the Annexures (supra), and, after possession also becoming assumed by the acquiring authority concerned, in the compensation amount becoming tendered before the competent statutory authority or the court concerned, thus for its being made available for becoming disbursed to the landowner(s) concerned. Therefore, he submits, that t
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 fulfillment of conditions regarding possession and compensation is crucial in determining the lapsing of acquisition proceedings under the 2013 Act.
The judgment establishes the importance of physical possession and disbursement of compensation in determining the lapsing of acquisition proceedings under the 2013 Act.
The failure to serve notice under Section 9 of the Land Acquisition Act, 1894 was fatal to the acquisition proceedings. Actual possession and tendering of compensation are essential to prevent lapse ....
Lapse of land acquisition proceeding – In case a person has been tendered compensation as provided under Section 31(1) of 1894 Act, it is not open to him to claim that acquisition has lapsed under Se....
Obtaining a stay on possession precludes landowners from claiming lapse under Section 24(2) of the Act, 2013.
The application of Section 24(2) of the Act, 2013 does not revive stale claims or reopen concluded proceedings but applies to pending proceedings as on its enforcement date.
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