SANDEEP S. METANGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Division Bench of this Court was conflicted with an issue, as to which stage of the land acquisition proceedings shall be construed as 'initiation of proceedings ' within the meaning of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the New Act " for short). In other words, whether issuance of preliminary notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Old Act ' for short) or declaration under Section 6 of the Old Act amounts to initiation of land acquisition proceedings within the meaning of Section 24 of the New Act.

(2.) In order to effectively address the issue, it necessitates us to understand factual background under which the Referral Bench of this Court thought it fit to make the reference to a Full bench for authoritative pronouncement. In those petitions, validity of the land acquisition award passed under the provisions of the Old Act, was called in question.

(3.) The entire conflict centers around the question as to what amounts to initiation of land acquisition proceedings, in given cases. Admittedly, in those cases, preliminary notification under Section 4 of the Old Act, was issued before datum line i.e. 01.01.2014 (date of commencement of the New Act) whilst declaration under Section 6 of the Old Act, was issued thereafter. Rival claims were put-forth about the applicability of the Old or the New Act by interpreting the term "initiation of the land acquisition proceedings ". Petitioners have challenged the awards by contending that on issuance of declaration under Section 6 of the Old Act, the proceedings have deemed to be initiated. It is contended that, since preliminary notification under Section 4 of the Old Act was published prior to 01.01.2014, it does not amount to initiation. On the other hand, rival stand was taken by respondents stating that, no sooner preliminary notification under Section 4 has been published, it amounts to initiation of land acquisition proceedings within the meaning of Section 24(1) of the New Act. The controversy is obvious as it would decide the applicability of the provisions of the Old or New Act, while determining the compensation which has different parameters.