SHASHI KHER Vs. UNION OF INDIA

JUDGEMENT

(1.) BY way of this writ petition 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. The petitioners, consequently, seek a declaration that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as "the 1894 Act") and in respect of which Award No. 14/1987 -88 dated 26.05.1987 was made, inter alia, in respect of the petitioners' land comprised in Khasra Nos. 1081 (4 -16), 1084 (6 -14), 1085 (5 -16) and 1086 (4 -18) measuring 22 bighas and 4 biswas in all in Village Satbari shall be deemed to have lapsed.

(2.) IN this case, it has been admitted by the respondent No. 2 [Land Acquisition Collector (South)] that physical possession of the subject land has not been taken. This is evident from paragraph 12 of the counteraffidavit filed on behalf of the respondent No. 2. It is, however, contended by the learned counsel for the respondent No. 2 that the amount for compensation in respect of the same was deposited in the treasury, though the same has not been paid to the land owner nor was it offered to the land owner.

(3.) THE learned counsel for the respondents placed reliance on the second proviso to Section 24(2) of 2013 Act, which has been introduced by virtue of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2014 (hereinafter referred to as "the said Ordinance"). The newly added proviso reads as under: -