IMPORTANT POINT
The relevant date for determining compensation in land acquisition proceedings initiated under the old Act, where the award could not be made by the time the new Act, 2013 came into force, is 01.01.2014, the date of commencement of the new Act, 2013.

JUDGMENT :

1. Heard Shri S.K. Mishra, learned counsel for the petitioners, Ms. Suman Jaiswal, learned counsel for respondent nos.1 and 5 in Writ-C No.31120 of 2019 and Shri Gautam Kumar, learned counsel for respondent nos.1 and 5 in Writ-C No.33836 of 2019 and Shri Rajiv Gupta, learned Additional Chief Standing Counsel for respondent nos.2, 3 and 4.

2. The petitioners in both the writ petitions have assailed the award dated 26.12.2015 passed by Special Land Acquisition Officer, Joint Organization, Bareilly, one of the respondents. The award has been purportedly made under the saving clause embodied in Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short hereinafter referred to as 'the new Act, 2013').

3. The acquisition was initiated under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as 'the old Act). The notification under Section 4 read with Section 17 of the old Act was issued on 17.10.2005 followed by notification under Section 6 dated 16.10.2006. Since, the provisions of Section 17(4) and 17(1) were invoked at the time of issuance of notifications under Sections 4 and 6 of the old Act respectively, therefore, the State-respondents proceeded to take possession of the acquired land on 18.01.2007, even before making the award. Before award could be made, the new Act, 2013 was enforced with effect from 01.01.2014.

4. Section 24 of the new Act, 2013, which is relevant for the controversy involved in the instant petition, is as follows:

"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such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.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."

5. Thus, under Clause (a) of sub-section (1) of Section 24 where no award under Section 11 of the old Act has been made, then all provisions of the new Act, 2013 relating to determination of compensation have been made applicable. However, the Special Land Acquisition Officer, while making award on 26.12.2015, admittedly, after enforcement of the new Act, 2013, determined the compensation with reference to the date of notification under Section 4 of the old Act i.e., 17.10.2005. He took into consideration the sale deeds executed three years prior to the notification under Section 4 and placing reliance on a sale deed dated 20.06.2005 executed by Nanu Ram, Moti Ram, Chatarni Lal, Hori Lal sons of Bhajan Lal in favour of Om Wati wife of Shyam Bihari in respect of Gata no.222/0.061 hectare at the rate of 60,000/hectare determined the compensation.

6. Learned cou