Lapse of Acquisition under the L A ACT1894 does not preclued the Authorities to initiate fresh proceedings under the RFCTLARR 2013

Quashing of the notifications for acquisition of the land would not come in the way of the Authorities in acquiring the land of the petitioners under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

The notification issued under section 4 read with section 17(1) of the Land Acquisition Act, 1894 (Act) and subsequent declaration issued under section 6 of the Act notifying acquisition of subject land for planned industrial development was the subject matter of challenge, primarily on the ground of non-compliance of mandatory of the Act also in  specific Section 5A of the Act which denied Petitioners from the opportunity of filing objections and further also on the ground that the possession of the plots in question was never taken from them. In all a complete failure in complying with the prerequisite conditions were alleged.

It was contended on behalf of the authority that nearly 50% of the land-owners have taken the compensation amount after the award was passed, or under agreement entered into under the Land Acquisition (Determination of Compensation and Declaration of Award’ by Agreement), Rules, 1997. The sewer lines had been laid out for the ‘abadi’ area and roads were also constructed and in a small area, some flats for economically weaker section were also constructed.

It was observed that possession of land was never taken over from the Petitioners and they were still in possession of the land in question. Further, no third party interest was created in the subject land and also there was no development activity initiated on the said plots. In the supplementary affidavit filed by the Authority concerned it was no where indicated as to in which part of the concerned village above mentioned development activities had been carried out and again it was never the case of the authority that any construction or development activity has been carried out on or for the plots of the Petitioners.

The Petitioner in response had contended that the development activity stated to have been carried out was for the ‘abadi’ area which was not the subject matter of acquisition which the Respondent-Authority was in any case obliged to do so. Accordingly, the statement made by authority was held to be vague and not acceptable.

It was clarified that the quashing of the notifications for acquisition of the land of the petitioners, as held, would not come in the way of the Authorities in acquiring the land of the petitioners under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as the acquisition under the provisions of the Land Acquisition Act, 1894 if bad, the Authorities can be permitted to initiate appropriate acquisition proceedings afresh in accordance with the provisions of the Act of 2013.

[Udai Veer Singh vs. State of U.P.]
(Allahabad HC, 24.09.2014)