Court held that non-payment of compensation to landowners results in lapse of acquisition proceedings, emphasizing the necessity of proper deposit per statutory requirements.

JUDGMENT :

SALIL KUMAR RAI, J.

1. The petitioner/applicant claims himself to be a co-sharer and Bhumidhar with transferable rights in Plot Nos. 240 (area 0.3880 hectare), 242M (area 0.5530 hectare), 243 (area 0.0260 hectare) and 245 (area 0.0500 hectare) in the revenue village Bhairopur, Pargana Kewai, Tehsil Handia, District-Allahabad. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as, ‘Act, 1894’) for acquisition of the aforesaid plots was published on 20.7.1977. The notification under Section 6 of the Act, 1894 was published on 03.10.1977. The award and the supplementary award regarding compensation for land acquired were declared on21.08.1982 and 22.2.1984 respectively.

2. The applicant/petitioner claims that he has not yet been paid compensation for the aforesaid plots and the State or its agencies were not in actual physical possession of the acquired plots. It is claimed by the petitioner/applicant that he has always been in actual and physical possession of the acquired plots. It appears from the pleadings and the documents annexed with the affidavit of the parties, and also from the previous orders of this Court, that the plots were initially acquired for use by the Irrigation Department. The Irrigation Department could not utilize the plots, therefore, the plots were subsequently transferred to Urban Development Department for construction of residences under Shri Kanshiram Ji Shahri Garib Awas Yojana. It is the claim of the petitioner/applicant that the plots remained unutilized and compensation was not paid to the petitioner/applicant till the date Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as, 'Act, 2013') was promulgated. The Act, 2013 came in force from 01.01.2014. It transpires from the records and appears to be an admitted case of the parties that compensation due to the applicant was deposited by the State Government in the Government Treasury when the petitioner/applicant refused to take compensation under the Act, 1894.

3. Section 24 of the Act, 2013 provides 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: 22

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 benefici