OM PRAKASH 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 initiated under the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act') in respect of which Award No. 15/87 -88 dated 05.06.1987 was made, inter alia, in respect of the petitioner's land comprised in Khasra Nos. 1574 Min (2 -08) , 1578 Min (1 -15) , 1584/1 -2 (4 -16) , 1585/1 -3 (4 -16) , 1586 (4 -16) , 1593/1 (0 -10) , 1593/2 (0 -3) , 1595 (4 -16) measuring 24 bighas in all in village Chattarpur shall be deemed to have lapsed.

(2.) THE stand of the respondents is that physical possession of the said land was taken on 01.08.2013. This is disputed by the petitioner, who claims to be in actual physical possession of the subject land.

(3.) SO far as the applicability of the second Proviso to Section 24(2) of the 2013 Act is concerned, the same cannot be relied upon by the respondents inasmuch as the said Ordinance has been held to be prospective in nature and does not take away vested rights. This has so been held by the Supreme Court in recent decision in M/s. Radiance Fincap (P) Ltd. & Ors. Vs. Union of India & Ors. decided on 12.01.2015 in Civil Appeal No. 4283/2011 wherein the Supreme Court held as under: -