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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Ompal – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
The instant writ petition became remanded by the Hon'ble Supreme Court vide order dated 21.02.2024. The operative part of the said order is extracted hereinafter.
"......Accordingly, the impugned orders are set aside and the matters are remitted to the High Court for fresh consideration of all the other issues on merits that have been raised in the respective petitions in accordance with law. "
2. The learned counsel appearing for the petitioners argues, that since the declaration as became passed under Section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act of 1894"), was so passed on 03.12.2014, thereby when the date of making of the said declaration, thus occurred subsequent to the coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013 (hereinafter referred to as the "Act of 2013"). Therefore, he argues that no legal relevance can become assigned to the issuance of a notification under Section 4 on 06.12.2013, nor any legality can become assigned to the consequent thereto award, as passed by the Land Acquisition Collector, on 06.09.2016.
3. Therefore,
The court held that the Acquiring Authority did not meet the conditions for lapsing provisions under the Act of 2013, allowing the petitions for land compensation.
Failure to pass an award within 12 months post-enactment of the new land acquisition legislation results in lapse of the acquisition proceedings initiated under the old legislation.
Where Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) applies, i.e. where there is no Award on the date o....
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.
Initiation of land acquisition proceedings – For the purposes of sub-section (1) of Section 24 of 2013 Act, proceedings under L.A. Act shall be treated as initiated on publication of a notification u....
The main legal point established is that the entitlement to relief under Section 24(2) of the Act of 2013 is contingent upon the timing of possession of acquired lands and the deposit of compensation....
Land acquisition proceedings are invalid if statutory requirements are not met, particularly regarding notifications and timelines, as established by the Land Acquisition Act and the 2013 Act.
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