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MANOJ KUMAR GUPTA, MANISH KUMAR NIGAM
Bir Hotels Pvt. Ltd. – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner, Shri Harshit Pandey, learned counsel for respondent Nos. 2 & 5 and Shri Naman Agarwal, Advocate holding brief of Shri Nipun Singh, learned counsel for respondent Nos. 3 & 4.
2. The instant petition has been filed praying for quashing of the notifications dated 12.06.2004 and 24.06.2010 issued under Section 28 and Section 32 respectively of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 on the ground that the acquisition has lapsed being barred on account of delay in concluding the acquisition proceedings. The petitioner has also prayed for a writ of mandamus restraining the respondents from interfering in their possession and for a further direction to approve the building plan submitted by the petitioner for raising constructions over the said land and to decide the representation dated 25.05.2024 made in this behalf.
3. It is submitted by learned counsel for the petitioner that the award having not been declared so far, the acquisition proceedings should be declared to have lapsed by virtue of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2
Acquisition under the Adhiniyam does not lapse due to delay in award; provisions of the New Act, 2013 apply for compensation determination.
Land Acquisition – Possession not taken - Lapse of proceedings – stale and dead claims cannot be permitted to be canvassed on the pretext of enactment of Section 24
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.
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 Right to Fair Compensation provisions cannot be retroactively applied to acquisitions under the 1965 Act unless explicitly amended.
The physical possession of the land and tendering of compensation discharge the state's obligation, and the land essential for public purpose cannot be released from acquisition.
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