BHUPENDRA KUMAR MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD on admission.

(2.) CONTENDING that the land belonging to the petitioner and other family members, bearing Khasra No. 3454, 3459, 3442, 3448 and 1138, respectively, admeasuring 0.0185, 0.236 and 0.102 hectare though subjected to acquisition under land Acquisition Act, 1894 for Bansagar Canal Project and the Award having been passed; however, since the amount of compensation is not paid and subject land being not acquired, with the commencement of Right to Fair Compensation and Transparency In Land Acquisition Rehabilitation and Resettlement Act, 2013 and by virtue of provisions contained under sub -section (2) of Section 24 the acquisition proceedings having lapsed, petitioners are entitled for benefit which enure under Section 24 of 2013 Act.

(3.) THUS , the action taken under the provisions of 1894 Act has been saved. As to operation of sub -section (2) of Section 24, petitioners fails to establish that the land in question has not been acquired and the compensation not paid. The petitioners have relied on the communication dated 3.3.2014 by the Bank whereon it is stated that on 14.7.2013 on telephone the Canal Division has directed not to disburse the amount, ipso facto, will not tantamount to nonpayment of compensation. To ascertain as to reason for non clearance, it was open for the petitioners to approach the Authorities. The petitioners having not done so cannot claim revocation of Award which has been passed. And in absence of a certificate by Land Acquisition Officer, it cannot be presumed that the land in question is not acquired.