SHARVAN JAGNANI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE petitioner seeks 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. 06/2005 -06/DC(N -W) dated 12.07.2005 and it was in respect of, inter alia, the petitioner's land comprised in Khasra No. 57/1 (1 -0) measuring 1 bigha in village Pehladpur Bangar.

(3.) THIS aspect of the matter concerning the submission that possession could not be taken 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: -