P. JAYADEVAN Vs. STATE GOVERNMENT

JUDGEMENT

(1.) The writ petitioner is the appellant and W.P.No.13800/2008 has been filed by him for quashment of the order dated 11.10.2007, passed by the first respondent, by and under which, his request for re-conveyance of lands admeasuring 0.62.0 hectares in Survey No.890/1B and 0.49.0 hectares in Survey No.889/1B, came to be rejected, and the said writ petition, after contest, came to be dismissed on 29.3.2010, and hence this appeal.

(2.) The facts narrated in brief, leading to the filing of this writ appeal, are as follows:

(3.) The learned Counsel appearing for the appellant/writ petitioner, has submitted that "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (Central Act 30 of 2013)" came to be passed in the Parliament and it came into force with effect from 1.1.2014, and also invited the attention of this Court to Section 24 of the said Act and would contend that as per sub-section (2) of Section 24, where an award under Section 11 has been made five years or more prior to the commencement of the present Act, but physical possession of the land has not been taken and compensation has not been paid, the said proceedings shall be deemed to have lapsed and the appropriate Government, if so chooses, shall initiate proceedings of such land acquisition afresh in accordance with the provisions of the Act.