Land Acquisition Proceedings Shall Not Lapse If Award Not Made As On Commencement Of LA Act 2013- SC Reiterates
The Supreme Court has disposed of three separate matters related to land acquisition involving the same issue.
The Court has reiterated that the land acquisition proceedings shall not lapse if the award is not made as on the commencement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The Bench of Justice MR Shah and Justice S. Ravindra Bhat held that the view taken by the High Court is unsustainable and placed reliance on the judgment of the Apex Court in the case of Indore Development Authority v. Manoharlal and Ors., where it was held –
"Under the provisions of Section 24(1) (a) in case the award is not made as on 1-1-2014, the date of commencement of the 2013 Act, there is no lapse of proceedings. Compensation 1-has to be determined under the provisions of the 2013 Act."
The High Court had allowed the Writ Petitions filed by the original landowners and had held that the land acquisition proceedings lapsed solely on the ground that the amount of compensation was not paid to the landowners.
The Court thus held the impugned judgment and order of the High Court is unsustainable. Accordingly, the Bench set aside and quashed the impugned judgments of the High Court and allowed the appeals.