BHARAT BHAWAN NIRMAN SAHKARI SAMITI LTD. Vs. STATE OF RAJASTHAN THROUGH ITS PRINCIPAL SECRETARY, DEPTT. OF URBAN DEVELOPMENT AND HOUSING, SECRETARIAT, JAIPUR

JUDGEMENT

(1.) Bharat Bhawan nirman Sahkari Samiti Limited - the petitioner have instituted the instant writ application for relief under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the Act of 2013", for short), inter-alia, praying for a declaration that the acquisition proceedings with reference to land owned and possessed by the petitioner - Samiti (Khasra No.87 and 88 and New Khasra No.127 and 142), deemed to have lapsed.

(2.) Mr. Dhruv Mehta, learned Senior Counsel, assisted by Mr. Anubhav Ray and Mr. Sagnik Basu, reiterating the pleaded facts and grounds of the writ application, submits that for any successful claim under Section 24(2) of the Act of 2013; three conditions are required to be satisfied i.e., (i) the acquisition proceedings must have been initiated under the Land Acquisition Act, 1894; (ii) the award with respect to the land in question must have been made five years or more, prior to the coming into effect of the Act of 2013 i.e. 01.01.2014, and (iii A) either compensation for the land acquired has not been paid to the beneficiary; or (iii B) the possession of the land acquired has not been taken over by the authorities.

(3.) According to the Counsel, the conditions aforesaid as contemplated under Section 24 of the Act of 2013, are satisfied in the instant case at hand, and therefore, the petitioner - Samiti (land owner), have the right for a declaration that the acquisition proceedings deemed to have lapsed.