M/S Inspiration Engineer Pvt. … vs Union Of India & Ors on 1 March, 2016

1. In this writ petition two sets of points have been raised concerning the

land acquisition proceedings. One set pertains to the provisions of the Land

Acquisition Act, 1894 Act (hereinafter referred to as ‘the 1894 Act’) and the

other set relates to the provisions of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act,

2013 (hereinafter referred to as ‘the 2013 Act’).

WP(C) 5095/2014 Page 1 of 19
2. Insofar as the 1894 Act is concerned, it is contended on behalf of the

petitioners that since the provisions of Section 11A thereof were not

complied with and the Award was not made within the stipulated period of

two years, the acquisition has lapsed. The other point raised under the 1894

Act is that because of non- compliance of the provisions under Section

17(3A), the acquisition has lapsed. As regards the 2013 Act, it is submitted

that, in any event, since compensation has not been paid to the petitioners in

respect of the said acquisition, the proviso in Section 24 of the 2013 Act

would be applicable and, therefore, compensation would have to be paid to

the petitioners under the 2013 Act.

Source: Indian Kanoon

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