Acquisition of land does not lapse if possession is taken and compensation is deposited; previous participation in proceedings bars new claims, and inordinate delays disqualify relief under Article 226.

JUDGMENT :

Mahesh Chandra Tripathi, J.

1. Heard Shri Rajesh Mishra and Shri Abhijeet Mukherji, learned counsels for the petitioners, Shri Devesh Vikram and Shri Shuresh Singh, learned Additional Chief Standing Counsels and Shri Fuzail Ahmad Ansari, learned Standing Counsel for the State-respondents and Shri M.C. Chaturvedi, learned Senior Advocate assisted by Shri J.N. Maurya and Shri Shiv Prakash Gupta, learned counsels for the respondent - Meerut Development Authority.

2. Since all the aforesaid writ petitions involve a common legal issue concerning the applicability of Section 24(2) and Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and with the consent of learned counsel for the parties, the petitions have been clubbed together, heard analogously, and are being disposed of by this common judgment.

3.1 The Writ-C No. 20190 of 2023 has been filed, praying inter alia seeking issue a writ, order or direction in the nature of Mandamus commanding respondent Nos. 1 to 3 to return and re-convey the petitioners’ land ad-measuring 0.2530 hectares, comprised in Khasra No. 708, situated at Village Abdullapur, Pargana and Tehsil Meerut, which was earlier sought to be acquired for the project of the Meerut Development Authority, [MDA], namely ‘Ganga Nagar Awasiya Vyasayik Yojana’, in terms of Section 48 of the Land Acquisition Act, 1894 and the corresponding Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013[Act, 2013 ]; and further, to de-notify the said land as the acquisition proceedings initiated through notifications dated 01.02.1990 under Section 4(1) and 07.03.1990 under Section 6 of the Land Acquisition Act, 1894[Act, 1894] have lapsed under Section 24(2) of the Act of 2013; and in the alternative, to consider and decide the petitioners’ representation dated 30.01.2018 (Annexure No. 11 to this writ petition) regarding reversion and return of the land, after affording them due opportunity of hearing, within a stipulated period of time.

3.2 Similarly, WRIT - C No. - 32858 of 2024 has been filed seeking a direction in the nature of Mandamus commanding respondent Nos. 1 to 3 to return and re-convey the petitioners’ land ad-measuring 0.8760 hectares, comprised in Khasra No. 770, situated at Village Abdullapur, Pargana and Tehsil Meerut, which was earlier sought to be acquired for the project of the Meerut Development Authority, namely ‘Ganga Nagar Awasiya Vyasayik Yojana’, in terms of Section 48 of the Land Acquisition Act, 1894 and the corresponding Section 101 of the Act, 2013; and further, to de-notify the said land as the acquisition proceedings initiated through notifications dated 01.02.1990 under Section 4(1)/ 17(4) and 07.03.1990 under Section 6/ 17(1) of the Act, 1894 have lapsed under Section 24(2) of the Act of 2013; and in the alternative, to consider and decide the petitioners’ claim for reversion and return of the land, in the same manner as was done for other tenure holders through Government notifications dated 29.12.2016 and 10.03.2017, after affording due opportunity of hearing, within a stipulated period of time.

3.3 Similarly, WRIT-C No.16299 of 2023 has been filed seeking a direction in the nature of Mandamus commanding respondent Nos. 1 to 3 to return and re-convey the petitioners’ land admeasuring 5.703 hectares, comprised in Khasra Nos. 740, 749, 750, 801, 781, 763, 501 and 772, situated at Village Abdullapur, Pargana and Tehsil Meerut, which was earlier sought to be acquired for the project of the Meerut Development Authority, namely ‘Ganga Nagar Awasiya Vyasayik Yojana’, in terms of Section 48 of the Land Acquisition Act, 1894 and the corresponding Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; and further, to de-notify the said land as the acquisition proceedings initiated through n