LAJJARAM KUSHWAH Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is directed against the order dated 4/7/2014 passed by Seventh Additional District Judge, Gwalior in MJC No. 42/2013. By the aforesaid order, petitioners' application under Order VI Rule 17 CPC has been rejected.

(2.) RELEVANT facts, as pleaded by the applicants, are to the effect that proceedings under Section 18 of the Land Acquisition Act, 1894 are pending consideration before the court below. It is alleged that possession has not been taken. The interim injunction sought was rejected on 17/8/2012, however, appeal arising therefrom is pending consideration before the High Court with interim order of maintaining status quo between the parties. During pendency of the proceedings, new Act, namely, 'The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No. 30 of 2013)' has come into force w.e.f. 1st January, 2014. It is, therefore, submitted that by force of provisions of the new Act, the pending case No. 2/A -82/08 -09 has rendered infructuous. With the aforesaid submissions, applicants have sought to bring an amendment in the grounds of their objection as ground No. 1 -A to the effect that in view of the new Act having come into force, as possession of the acquired land has not been taken and compensation has not been received by the applicants, therefore, the proceedings are lapsed in view of Section 24 of the new Act.

(3.) THE trial court while considering the relevant provision as contained in sub -section (2) of the new Act inasmuch as the award is passed within five years from the date of coming into force of new Act and, therefore, found provision of Section 24(2) of the new Act to be not applicable.