The 2013 Act governs compensation for land acquisitions pending as of its enactment date, overriding the previous 1894 Act.

O R D E R

1. Leave granted.

2. The appellants are aggrieved by the order dated 16.06.2021 passed by a Division Bench of the High Court of Judicature at Allahabad, inter alia holding that the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act , 2013 (in short, the “2013 Act”) shall not be applicable to the Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam , 1965 (in short, the “1965 Act”) even though these provisions would be applicable in case of a reference under Section 18 of the Land Acquisition Act , Signature Not Verified Digitally signed by ARJUN BISHT 1894 (in short, the “1894 Act”).

Date: 2025.01.29

17:06:20 IST Reason:

3. The facts of the instant case provide that the land of the appellants measuring 1.825 hectares comprising Khasra No. 455 situated in Village - Kaladundu, Pargana - Lakhimpur, Tehsil and District - Lakhimpur Kheri was sought to be acquired by the State-authority. For this purpose, Notification under Section 28 of the 1965 Act was issued on 04.09.2010. This was essentially equivalent to a Notification under Section 4 of the 1894 Act. Thereafter, Declaration under Section 32 of 1965 Act was published on 02.09.2017, which was again equivalent to Declaration under Section 6 of the 1894 Act. Subsequently, after a lapse of 10 years from the acquiring Notification, the Award was passed by the Commissioner, Awas Evam Vikas Parishad, Uttar Pradesh on

29.01.2020.

4. It goes without saying that in the interregnum, the 2013 Act had come into force with effect from 01.01.2014. It is also admitted that since the 1965 Act did not provide an independent mechanism to assess compensation or the procedure thereof, the one contemplated under the 1894 Act was required to be followed, in terms of Section

55 of the 1965 Act.

5. We have heard learned senior counsel/counsel for the parties, and perused the record.

6. At the outset, we hold doubtlessly that provisions of the 2013 Act are attracted for the purpose of awarding compensation to the present appellants. We say so by placing reliance on Section 24(1) of the 2013 Act, which mandates that where the acquisition proceedings are pending as on 01.01.2014, the award in respect of such pending acquisition shall be passed in accordance with provisions of 2013 Act, not the 1894 Act. In the case in hand, the acquisition process was initiated on 04.09.2010, but declaration under Section 32 of the 1965 Act was issued only on 02.09.2017, by which time the 2013 Act had already come into force. Needless to say, once the 2013 Act held the field, the 1965 Act could no longer operate within the contours of the 1894 Act, and the pending acquisition has to be compensated under the new scheme contemplated by the 2013 Act.

7. That being so, we have no hesitation in holding the High Court’s view in the impugned order is completely misdirected, at least insofar as it provided that the provisions of the 2013 Act were not attracted in the present case.

8. For the reasons aforestated, the instant appeals are allowed. The impugned order of the High Court is set aside. The appellants are held entitled to compensation in accordance with the provisions of the 2013 Act. The Land Acquisition Collector is directed to pass an appropriate award within a period of three months, without prejudice to the rights of the parties to challenge the same before an appropriate forum.

..........................J.

(SURYA KANT)

............................J.

(NONGMEIKAPAM KOTISWAR SINGH)

New Delhi;

January 24, 2025 ITEM NO.34 COURT NO.3 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).19550-19551/2021 [Arising out of impugned final judgment and order dated 16-06-2021 in LA No.9373/2021 25-08-2021 in CMA No. 79809/2021 passed by the High Court of Judicature at Allahabad, Lucknow Bench]

AASHA VERMA & ORS. Petitioner(s)

VERSUS COMMISSIONER AWAS EVAM VIKAS PARISHAD UTTAR PRADESH & ORS. Respondent(s