SANDEEP S. METANGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) As the issues involved in both these petitions are common, we are deciding them by common judgment. The issue involved in these petitions are about validity of the award dated 28th January, 2016 and award dated 27th March, 2015 passed as per the provisions of the Land Acquisition Act, 1894. (herein after referred as " Act, 1894"). The main ground of attack is Land Acquisition Officer ought not to have continued the acquisition proceedings initiated earlier as per Act 1894 after 01.01.2014 (i.e date of which the new Act came into force). Both the sides relied upon the true interpretation of the provisions of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred as "Act, 2013").

(2.) The petitioners claim that on 1st January, 2014, the proceedings under the old Act were said not to be initiated, whereas the respondents contend that proceedings under the old Act have already been initiated on 1st January, 2014 and as such the impugned der award is legal and proper. So we are required to consider the factual aspects as well as true interpretation of the provisions of Section 24 of Act, 2013". Sub Section 1 to Section 24 of Act, 2013 is relevant f our purpose, is reproduced below.

(3.) On plain reading, we quite find that there are two contingencies laid down therein. They are as follows :-