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 thereby the provisions of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'Act of 2013'), thus become attracted, provisions whereof become extracted hereinafter.

"24. Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in certain cases.-(1) Notwithstanding anything contained in this Act, in any case of land acquisition proceedings initiated under the Land Acquisition Act, 1894,-

(a) where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or

(b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.

(2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 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 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act."

3. However, since the learned State counsel has placed on record, a rapat of possession, relating to the petition lands, whereby, on 28.10.2005, the possession of the acquired lands became assumed by the acquiring authority concerned. Therefore, after assumption of possession of the acquired lands by the acquiring authority concerned, thereby there is complete vestment of right, title and interest over the petition lands, in the acquiring authority concerned, and, concomitantly there is complete divestment of any right, title and interest over the petition lands, in the present petitioner.

4. Though in terms of the statutory provisions (supra), one of the twin conditions relating t