ALIGARH DEVELOPMENT AUTHORITY Vs. MEGH SINGH AND ORS.

JUDGEMENT

(1.) Leave granted.

(2.) The appellant- Aligarh Development Authority took steps for acquisition of land belonging to the respondent No.1 as per Notification issued under Section 4(1) of the Land Acquisition Act, 1894 (For short Rs. 1894 Act') on 09.08.2004. Simultaneously emergency clause was also invoked under the provisions of Section 17 followed by Section 6 declaration dated 03.08.2005. According to the appellant possession of the land was taken and part of the compensation was deposited with the Special Land Acquisition Officer.

(3.) The respondent No.1 challenged the acquisition on various grounds and the High Court of Judicature at Allahabad by the impugned Judgment dated 21.10.2010 allowed the writ petition and quashed the Notification dated 09.08.2004 and the declaration dated 03.08.2005. Among other reasons, the main reason for taking such a view is that after invoking emergency clause, no award was passed even after the expiry of four years. Thus aggrieved, the Requisitioning Authority -Aligarh Development Authority is before this Court. When the matter was pending before this Court, the land owner non-applicant filed I.A.No.3/2015 contending that respondent No.1 is entitled to a declaration that acquisition proceedings have lapsed in view of the operation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (For short Rs. 2013 Act'), since neither compensation has been paid to the owner nor possession has been taken by the Land Acquisition Collector.