MANJU SHARMA 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. 49/15 (1-0) measuring 1 bigha in village Pehladpur Bangar.

(3.) It is an admitted position that the stay order continued to operate in W.P.(C) No.14124/2005 till 09.07.2007 when the said writ petition was dismissed. Thereafter, the stay was granted by the Supreme Court in SLP (Civil) No.12603/2007 and the same continued to operate till 11.02.2015, whereupon the petitioner was granted liberty to take appropriate steps under Section 24(2) of the 2013 Act.