SIYAMBAR S/O MAYARAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These three writ petitions have been preferred for quashing the entire land acquisition case Nos.5/A-82/2013-14 in WPC No.963/2016, 9/A-82/2013-14 in WPC No.966/2016 and 8/A- 82/2013-14 in WPC No.2168/2016 by the Land Acquisition Officer, Surajpur.

(2.) Admittedly, the subject land acquisition proceeding was initiated for quashing the land belonging to the petitioners, amongst land belonging to other holders, for construction of proposed Ring Road around Surajpur Town. The notification under Sec. 4 of the Land Acquisition Act, 1894 (henceforth 'the Act, 1894') was published in February-March 2014 and thereafter the final award under the Act, 1894 was passed on 20/3/2015. It is also not in dispute that after assessment of the amount of compensation, the petitioners have already received the amount. They are aggrieved by fresh acquisition proceeding under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (henceforth 'the Act, 2013'). In the return filed by the State, there is no whisper as to whether the earlier award under the Old Act was withdrawn and thereafter fresh proceedings have been initiated. The step taken by the State appears an exercise in futility or an unnecessary exercise without appreciating or taking into account the provisions contained in Sec. 24 (1) of the Act, 2013.

(3.) Sec. 24 (1) of the Act, 2013 provides that notwithstanding anything contained in this Act, in any case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, ------ where no award under Sec. 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 where an award under said Sec. 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such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.