RANJIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the L.A. Act, 2013') states that in case of land acquisition proceedings, initiated under the Land Acquisition Act, 1894 (hereinafter referred to as 'the L.A. Act, 1894'), where no award, under Section 11 of the L.A. Act, 1894, has been made, then all provisions of L.A. Act, 2013, relating to determination of compensation, shall apply.

(2.) Section 26 of the L.A. Act, 2013, lays down criteria for assessing and determining market value of land to be acquired. Proviso to sub-Section (1) of Section 26 of the L.A. Act, 2013, contemplates that the date for determination of market value shall be the date on which the notification has been issued under Section 11 of the L.A. Act, 2013.

(3.) For the purpose of determination of market value of land, what date should be treated to be the date of issuance of notification under Section 11 of the L.A. Act, 2013, in respect of acquisition proceeding started under the L.A. Act, 1894, covered by Clause (a) of sub-Section (1) of Section 24 of the Act, is the pivotal issues, which the present writ application, filed under Article 226 of the Constitution of India, requires determination.