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2014 DIGILAW 195 (UTT)

Zareef Ahmad v. State of Uttarakhand

2014-04-30

ALOK SINGH

body2014
Judgment : Present petition was filed assailing the notification dated 22.3.2006 issued under Section 4 (1) read with Section 17 (4), thereby exempting Section 5(A) of the Land Acquisition Act, 1894. 2. Paragraph 6 of the counter affidavit filed by Sri Himalaya Singh Martolia, the then Special Land Acquisition Officer, reads as under: “6. That in reply to the contents of para 7 of the writ petition it is submitted that the award was made on 4.2.2008, but the petitioner has wrongly stated in the paragraph under reply that no award has been made and as regard the physical possession of the spot on question, it is submitted that the possession was taken after the declaration of the award. It is further submitted that before the declaration of award the notices were issued to the petitioner and other owners under Section 9 of the Act and after hearing the persons present on the date the award was declared and the land owners of 0.26 hect land have received their compensation. It is submitted that the petitioner has not been dispossessed from the land in question merely because of the pendency of the writ petition. However, the same does not confer any right on the petitioner to challenge the acquisition.” 3. From the perusal of para 6 of the counter affidavit, it seems that award was passed on 4.2.2008, however, petitioner has not been dispossessed as yet despite the fact that no interim protection was granted to the petitioner in the present writ petition. 4. Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 reads as under : “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, (1 of 1894), - (a) where no award under section 11 of the said Land Acquisition Act has been made, then, all the 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such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.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. Having perused sub-section (2) of Section 24 of the Act, 2013, I have no hesitation to hold that if award under Section 11 of the old Land Acquisition Act was made five years or more prior to commencement of 2013 Act but the physical possession of the land has not been taken or compensation has not been paid, then proceedings initiated under the old Act shall be deemed to have lapsed and the appropriate Government, if it so chooses, may initiate the proceeding of land acquisition afresh in accordance with the provisions of new Act of 2013. 6. The Act of 2013 came into force on 1.1.2014 while award was said to have been passed on 4.2.2008, more than five years prior to the enforcement of the Act of 2013 and as per the contents of para 6 of the counter affidavit, physical possession was never taken from the petitioner meanwhile. Therefore, in view of sub-section (2) of Section 24, entire land acquisition proceedings initiated against the petitioner stood lapsed, and the appropriate Government, if it so chooses, may initiate fresh proceedings for the land acquisition against the petitioner in accordance with the provisions of Act of 2013. 7. Writ petition stands disposed of accordingly. 8. No order as to costs.