G.JEBAKUMAR JEBAMANI Vs. COMMISSIONER OF LAND ADMINISTRATION

JUDGEMENT

(1.) The writ petitioner's lands measuring 4.45.0 hectares comprised in Ponnagudi Village, Palayamkottai Taluk, Tirunelveli District, were acquired for the formation of River Linking flood Canal Project. Notification under Sec. 4(1) of the Land Acquisition Act, 1894 was issued on 26/6/2013. Considering the urgency of the matter, the District Collector, Tirunelveli District wrote to the Commissioner of Land Administration for dispensing with the enquiry under Sec. 5A of the Act. He wanted to invoke the urgency clause. The said communication from the District Collector was sent on 28/11/2013. The matter was taken up by the Commissioner of Land Administration on 17/4/2014.

(2.) In the meanwhile, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act , 30 of 2013) came into force. Therefore, Sec. 24 of the new Act became applicable. Sec. 24(1) of the new Act reads as under:

(3.) A mere reading of the said provision clearly indicates that only if an award under Sec. 11 of the old Act had been made, the proceedings shall continue under the old Act as if the old Act had not been repealed. In this case, admittedly no award under Sec. 11 of the old Act was passed as on 1/1/2014. Therefore, the statutory mandate under Sec. 24(1)(a) of the new Act will have to be given effect to. In the present case, an award was passed only on 2/9/2015. Ofcourse, the said award is based on the private negotiation between the parties.