SHEILA KHATRI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners seek the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the 2013 Act') which came into effect on 01.01.2014. A declaration is sought to the effect that the acquisition proceeding, which is the subject matter of the present writ petition, ought to be deemed to have lapsed in view of Section 24(2) of the 2013 Act.

(2.) THE Award under the Land Acquisition Act, 1894 (hereinafter referred to as "the 1894 Act') was made vide Award No. 15/1987 -88 dated 05.06.1987 and it was in respect of, inter alia, the petitioners' land comprised in Khasra Nos. 1883 (4 -16), 1884 (4 -16) and 1885 (4 -16), measuring 14 bighas 8 biswas in all in village Chattarpur.

(3.) INSOFAR as compensation is concerned, it is admitted position that the same has not been paid to the petitioners. However, the learned counsel for the respondents contend that the physical possession could not be taken because of the operation of the stay order passed in this petition. It is an admitted position that the stay order continues to operate till date. This aspect of the matter concerning the submission that possession could not be taken and compensation could not be paid because of the operation of the stay order and that in such a situation the respondents should not be prejudiced, was considered by this Court in the case of Jagjit Singh & Ors. vs. UOI & Ors: W.P.(C) 2806/2004 and other connected matters which were decided by this Court on 27.05.2014. In that decision, this Court observed as under: -