Once possession is taken by the State after acquisition, the land vests in the State free from all encumbrances. The deposit of compensation in the Government Treasury prior to the enforcement of the Act of 2013 fulfills the requirements under Section 24(2) of the Act.

ORDER :

1. This writ petition has been filed challenging an order dated 26th May, 2022 passed by the State Government declining to declare proceedings for acquisition of the petitioner’s land comprised of Gata No. 340/1, measuring 0-10-3 (0.12836 hectares), situate in Village Kunda, District Meerut lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the Act of 2013’).

2. Heard Mr. Vivek Saran, learned Counsel for the petitioner, Mr. Rajeev Singh, learned Standing Counsel for appearing on behalf of respondent Nos. 1 to 4 and Mr. J.N. Maurya, learned Counsel appearing for respondent No. 5.

3. The facts leading to this petition are that large tracts of land, part of Revenue Villages of Achraunda, Kanchanpur Ghopla, Kansa, Nagla Sherkho, Kunda and Rithani in District Meerut were proposed to be acquired for the purpose of development of Shatabdi Nagar Awasiya Yojna, Meerut. A notification under Section 4(1) read with Section 17(1) of the Land Acquisition Act, 1894 (for short, ‘the Act of 1894) dated 14.08.1987 was issued. The aforesaid notification was followed by a declaration under Section 6(1) read with Section 17(4) of the Act of 1894 dated 04.09.1987. Award for the land acquired was announced on 22.02.1990, which was amended on 15.03.1990 and 25.06.1990. A part of this acquisition was a plot bearing No. 340/1, measuring 0-10-3 (0.12836 hectares) in Village Kunda, District Meerut. The aforesaid land belongs to the petitioner, Smt. Kamla Devi. The dispute in this writ petition relates to the aforesaid plot, which shall be hereinafter referred to as ‘the land in dispute’.

4. It is the petitioner’s case that physical possession of the land in dispute was never taken by the State or transferred to the Meerut Development Authority (for short, ‘the Development Authority’) and no compensation has been paid to her till date. In the circumstances, upon coming into force of the Act of 2013 w.e.f. 1st January, 2014, a period of five years have elapsed since the making of the award, and physical possession of the land has not been taken by the State Government. It is the petitioner’s case that in similar circumstances, one Harbhajan Singh, whose land was acquired for the same purpose and through the same notification, had the subject land returned to him by a decision of the State Government dated 23rd January, 2015, holding the acquisition to have lapsed under Section 24(2) of the Act of 2013.

5. The petitioner has made a grievance that his case has been treated differentially than Harbhajan Singh, though identical on all premises. The petitioner approached this Court, seeking a declaration that proceedings relating to the land in dispute for acquisition be declared as lapsed under Section 24(2) of the Act of 2013 through Writ-C No. 34122 of 2015. The said writ petition was disposed of by this Court vide order dated 02.03.2017, granting liberty to the petitioner to raise her claim before the Collector, Meerut, who was directed to process the petitioner’s claim within four months from the date of receipt of a copy of this Court’s order. The Collector was further directed to convey his recommendations to the State Government after processing the petitioner’s claim, whereas the State Government was directed, upon receiving the Collector’s recommendation, to decide the petitioner’s claim about lapsing of acquisition.

6. The petitioner submitted her claim to the District Magistrate, Meerut in terms of this Court’s order dated 02.03.2017. The District Magistrate called for reports from the Tehsildar, who in turn sought the Lekhpal’s report. The Lekhpal and the Tehsildar submitted a report on 16.11.2017 to the District Magistrate saying that the petitioner is in actual physical possession of the land in dispute. The Tehsildar/ Lekhpal’s report dated 16.11.2017 is on record as Annexure No.5 to the writ petition. It was, however, reported by the Lekhpal