LAJJAWATI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY way of this writ petition 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. The petitioner, consequently, seeks 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. 15/1987 -88 dated 06.06.1987 was made, inter alia, in respect of the petitioner's land comprised in Khasra Nos. 1814/2 min (1 -14) and 1815/2 min (1 -08) measuring 3 bighas and 2 biswas in all in Village Chattarpur 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 14 of the counter -affidavit 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.) ON a plain reading of the proviso, it is evident that the purpose of the proviso is for computing the period of five years referred to in Section 24(2) of the 2013 Act. Certain periods are to be excluded in computing the said period referred to in Section 24(2) of the 2013 Act. The periods to be excluded are: