ARTI KAPAHI Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The prayers in the present petition read as under:

(2.) As per the narration in the petition, notification under Section 4 of the Land Acquisition Act, 1894 ("LAA") was issued on 25th November 1980 followed by declaration under Section 6 LAA on 27th May 1985. The Award No.14/87-88 was passed by the Land Acquisition Collector (LAC) on 26 th May 1987.

(3.) According to the Petitioner, the possession of the land in question has remained with the predecessor of the Petitioner and after his demise with the Petitioner which has continued from 1980 till date. In para 4.3 of the petition it is stated that the Petitioner had received the compensation, however, he immediately returned it along with interest by Cheque No.158233 dated 11th July 1989. According to the Petitioner since the money that was returned was received by the Respondents, for which Mr. Vasisht refers to the relevant document enclosed with the petition, there has been no payment of compensation to the Petitioner. It is claimed that in the above circumstances, the Petitioner is entitled to invoke Section 24(2) of the 2013 Act and ask for a declaration that the land acquisition proceedings have lapsed.