JOURA BEGAM Vs. STATE OF M.P

JUDGEMENT

(1.) ON Writ Appeal No.21/2015 arising out of order dated 19/1/2015 in W.P. No.2746/2014 the Division Bench vide its order dated 2/2/2015 permitted the appellants/petitioners to withdraw the appeal with liberty to raise the issue of acquisition proceedings having not been completed, by way of review petition.

(2.) THE present applicants claim to have purchased the suit land by sale deed dated 14/12/2011. A notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act of 1894') was issued on 14/5/2008. Notification under Section 6 was issued on 30/5/2008 and award was passed on 30/3/2009. Total amount of award was to the tune of Rs.18,14,693/ -. The amount was deposited as per Annexure R(2)/4 and thereafter compensation was paid to various farmers, details whereof are on record as Annexure R(2)/5. The land in question was acquired for the purpose of construction of Sewdha bypass road and the work has been executed, details whereof are elaborately discussed in the order passed by the Writ Court and the same are referable to the detailed return filed by the respondents; para 4 and 5 of the counter -affidavit.

(3.) LEARNED counsel for applicants by referring to provisions under Section 24 (2) of 'The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No.30 of 2013)' (hereinafter referred to as 'the Act of 2013') submits that as the erstwhile owners had not received compensation, therefore, acquisition proceedings have lapsed. The aforesaid argument suffers from basic fallacy for the reason the award itself was passed on 30/3/2009 i.e. less than five years from the date of coming into force of the Act of 2013, as the Act had come into force of w.e.f. 1st January, 2014. As such, the provision as contemplated under Section 24(2) of the Act of 2013 with reference to lapse of proceedings has no application.