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C.A. No. 3871 of 2014 (Arising out of SLP (C) No. 18052 of 2012), C.A. No. 3872 of 2014 (Arising out of SLP (C) No. 4375 of 2013), C.A. No. 3873 of 2014 (Arising out of SLP (C) No. 18051 of 2012), C.A. No. 3874 of 2014 (Arising out of SLP (C) No. 26676 of 2012), C.A. No. 3875 of 2014 (Arising out of SLP (C) No. 26680 of 2012) and C.A. No. 3876.... Case: Bimla Devi Vs State of Haryana. Supreme Court (India)

Judgment Cited in 4 Precedent Map Related
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Case NumberC.A. No. 3871 of 2014 (Arising out of SLP (C) No. 18052 of 2012), C.A. No. 3872 of 2014 (Arising out of SLP (C) No. 4375 of 2013), C.A. No. 3873 of 2014 (Arising out of SLP (C) No. 18051 of 2012), C.A. No. 3874 of 2014 (Arising out of SLP (C) No. 26676 of 2012), C.A. No. 3875 of 2014 (Arising out of SLP (C) No. 26680 of 2012) and C.A. No. 3876...
JudgesR.M. Lodha and Sharad Arvind Bobde, JJ.
IssueLand Acquisition, Rehabilitation and Resettlement Act, 2013 - Sections 4, 11, 24, 24(1), 24(2)
Citation2014 (7) SCALE 215, 2014 (6) SCC 583
Judgement DateMarch 14, 2014
CourtSupreme Court (India)

Judgment:

1. Leave granted. It is a common ground of the parties that the award was passed on 18.11.1995 and the compensation has not been paid nor deposited in the court nor received by the Appellants till date i.e. 31.1.2014 and even the physical possession of the land in question is with the Appellants as on date.

2. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "2013 Act") came into effect on 1.1.2014. It is submitted by the Appellants and not contested by the Respondents that in view of Section 24 of 2013 Act, the land acquisition proceedings have lapsed.

3. In a recent decision of this Court in Pune Municipal Corporation and Anr. v. Hrakchand Misrimal Solanki and Ors. (2014) 3 SCC 183, a three Judge Bench speaking through one of us (R.M. Lodha, J.) considered the scope of Section 24 particularly the meaning of the expression "compensation has not been paid" in Section 24(2) of 2013 Act and held as under:

10. Insofar as Sub-section (1) of Section 24 is concerned, it begins with non obstante clause. By this, Parliament has given overriding effect to this provision over all other provisions of 2013 Act. It is provided in Clause (a) that where the land acquisition proceedings have been initiated under the 1894 Act but no award Under Section 11 is made, then the provisions of 2013 Act shall apply relating to the determination of compensation. Clause (b) of Section 24(1) makes provision that where land acquisition proceedings have been initiated under the 1894 Act and award has been made Under Section 11, then such proceedings shall continue under the provisions of the 1894 Act as if that Act has not been repealed.

11. Section 24(2) also begins with non obstante clause. This provision has overriding effect over Section 24(1). Section 24(2) enacts that in relation to the land acquisition proceedings initiated under 1894 Act, where an award has been made five years or more prior to the commencement of the 2013 Act and either of the two contingencies is satisfied, viz.; (i) physical possession of the land has not been taken or (ii) the compensation has not been paid, such acquisition proceedings shall be deemed to have lapsed. On the lapse of such acquisition proceedings, if the appropriate government still chooses to acquire the land which was the subject matter of acquisition under the 1894 Act then it has to initiate the proceedings afresh...

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