PYARE LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri S.K. Mishra, learned counsel for the petitioners, Ms. Suman Jaiswal, learned counsel for respondent nos.1 and 5 in Writ-C No.31120 of 2019 and Shri Gautam Kumar, learned counsel for respondent nos.1 and 5 in Writ-C No.33836 of 2019 and Shri Rajiv Gupta, learned Additional Chief Standing Counsel for respondent nos.2, 3 and 4.

(2.) The petitioners in both the writ petitions have assailed the award dtd. 26/12/2015 passed by Special Land Acquisition Officer, Joint Organization, Bareilly, one of the respondents. The award has been purportedly made under the saving clause embodied in Sec. 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short hereinafter referred to as 'the new Act, 2013').

(3.) The acquisition was initiated under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as 'the old Act). The notification under Sec. 4 read with Sec. 17 of the old Act was issued on 17/10/2005 followed by notification under Sec. 6 dtd. 16/10/2006. Since, the provisions of Sec. 17(4) and 17(1) were invoked at the time of issuance of notifications under Ss. 4 and 6 of the old Act respectively, therefore, the State-respondents proceeded to take possession of the acquired land on 18/1/2007, even before making the award. Before award could be made, the new Act, 2013 was enforced with effect from 1/1/2014.