Notification and Acquisition Wrt: Judicial Review Under Sec. 24 Land Laws

 

Land And Rent Laws

INDEX

S.NO.	Topic	Page No.
1	Preliminary Notification
2	Preliminary Survey
3	Right of person interested.
4	Rehabilitation & Resettlement
5	Publication of Declaration and Summary of R&R Scheme
6	Notice to Persons
	Enquiry By Collector
8	Compensation
9	Section 24 and Judicial Review
10	Conclusion

 

NOTIFICATION AND ACQUISITION

 

PUBLICATION OF PRELIMINARY NOTIFICATION

Section 11(1) of the Act provides that “whenever it appears to the appropriate Government that land in any area is required or likely to be required for any public purpose, a notification to that effect along with details of the land to be acquired in rural and urban areas shall be published”.

Contents of Preliminary Notification :-

 Section 11(1) of the Act provides that “whenever it appears to the appropriate Government that land in any area is required or likely to be required for any public purpose, a notification to that effect along with details of the land to be acquired in rural and urban areas shall be published”.

Section 11(3) of the Act provides that “the preliminary notification shall also contain a statement on the nature of the public purpose involved, reasons necessitating the displacement of affected persons, summary of the Social Impact Assessment Report, and particulars of the Administrator appointed for the purposes of rehabilitation and  resettlement under section 43”.

Manner of Publication of Preliminary Notification

Section 11(1) of the Act provides that Preliminary Notification shall be published in the following manner:—

(a) “in the Official Gazette”

(b) “in two daily newspapers circulating in the locality of such area of which one shall be in the regional language”

(c) “in the local language in the Panchayat, Municipality or MunicipalCorporation, as the case may be and in the offices of the District Collector, the Sub-divisional Magistrate and the Tehsil”;

(d) “uploaded on the website of the appropriate Government”

(e) “in the affected areas, in such manner as may be prescribed”.

Informing institutions of local self-government and Gram Sabhas at a

meeting especially called for this purpose:-

Section 11(2) of the Act provides that immediately after issuance of the preliminary notification, the concerned Gram Sabha or Sabhas at the village level, municipalities in case of municipal areas and the Autonomous Councils in case of the areas referred  to in the Sixth Schedule to the Constitution, shall be informed of the contents of the preliminary notification in all cases of land acquisition at a meeting called especially for this purpose.

 

 

No transactions or encumbrances after preliminary notification:-

Section 11(4) of the Act provides that “no person shall make any transaction or cause any transaction of land specified in the preliminary notification or create any encumbrances on such land from the date of publication of such notification till such time as the proceedings under this Chapter are completed”.

“The Collector may, on the application made by the owner of the land so notified,exempt in special circumstances to be recorded in writing, such owner from the operation of this provision. Any loss or injury suffered by any person due to his willful violation of this provision shall not be made up by the Collector”.

Updation of land records by Collector:-

Section 11(5) of the Act provides that after issuance of preliminary notification, “the Collector shall before the issue of a declaration under section 19, undertake and complete the exercise of updating of land records as prescribed within a period of 2 months”.

Validity Period of Preliminary Notification-12 months

Section 19(7) of the Act provides that where no declaration is made under section 19 within 12 months from the date of preliminary notification, then such notification shall be deemed to have been rescinded. Further, in computing the period of 12 months, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded. The appropriate Government shall have the power to extend  the period of 12 months, if in its opinion circumstances exist justifying the same. Any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned.

Preliminary survey of land and Power of officers to carry out survey :-

Section 12 of the Act provides that “for the purposes of enabling the appropriate Government to determine the extent of land to be acquired, it shall be lawful for any officer, either generally or specially authorised by such Government in this behalf, and for his servants and workmen”,—

(a) “to enter upon and survey and take levels of any land in such locality”;

(b) “to dig or bore into the sub-soil”;

(c) “to do all other acts necessary to ascertain whether the land is adapted for such purpose”;

(d) “to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon”; and

(e) “to mark such levels, boundaries and line by placing marks and cutting trenches and where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle.”

(No act as above in respect of land shall be conducted in the absence of the owner of

the land or in the absence of any person authorised in writing by the owner. However, the above may be undertaken in the absence of the owner, if the owner has been afforded a reason-able opportunity to be present during the survey, by giving a notice of at least 60 days prior to such survey).

No person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least 7 days' notice in writing of his intention to do so”.

SECTION 13 of the Act provides that “the officer so authorised shall at the time of entry pay or tender payment for any damage caused. In case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or other chief revenue officer of the district, and such decision shall be final”.

SECTION 14 of the Act provides that Preliminary Notification of intent to acquire land shall be published in accordance with section 11 of the Act within 12 months from the date of the appraisal Report of SIA submitted by the Expert Group under section if  not so published within 12 months, the Expert Group report shall be deemed to have lapsed and a fresh Social Impact Assessment will have to be undertaken prior to preliminary notification. However, the “appropriate Government, shall have the power to extend the period of 12 months, if in its opinion circumstances exist justifying the same. Any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned”.

 

RIGHT OF PERSONS INTERESTED IN ANY LAND COVERED UNDER  PRELIMINARY NOTIFICATION

Section 15(1) of the Act provides that within 60 days from the date of publication of preliminary notification, any person interested in any land which has been notified as being required or likely to be required for a public purpose, may object to—

(a) “the area and suitability of land proposed to be acquired”;

(b) “justification offered for public purpose”;

(c) “the findings of the Social Impact Assessment report”.

Section 15(2) provides that “every such objection shall be made to the Collector in writing and the Collector shall give the objector an opportunity of being heard in person or by any person authorised by him in this behalf or by an Advocate”. “The Collector shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary either make a report in respect of the land which has been notified, or make different reports in respect of different parcels of such land, to the appropriate Government, containing his recommendations on the objections, together with the record of the proceedings held by him, along with a  separate report giving therein the approximate cost of land acquisition, particulars as to the number of affected families likely to be resettled, for the decision of that Government”

Section 15(3) of the Act provides that the decision of the appropriate Government on the objections made shall be final.

 

REHABILITATION AND RESETTLEMENT SCHEME-

“Section 16(1) of the Act provides that upon the publication of the preliminary notification by the Collector, the Administrator for Rehabilitation and Resettlement shall conduct a survey and under-take a census of the affected families, in such manner and within such time as may be prescribed”.

The survey and census shall include—

(a) “particulars of lands and immovable properties being acquired of each affected family”;

(b) “livelihoods lost in respect of land losers and landless whose livelihoods are primarily dependent on the lands being acquired”

(c) “a list of public utilities and Government buildings which are affected or likely to be affected, where resettlement of affected families is involved” and

(d) “details of the amenities and infrastructural facilities which are affected or likely to be affected, where resettlement of affected families is involved”.

(e) “details of any common property resources being acquired. Section 16(2) of the Act provides that the Administrator shall, based on the survey and census as above, prepare a draft Rehabilitation and Resettlement Scheme, as prescribed”.

The draft R&R scheme shall :

(A) “include particulars of the rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods are primarily dependent on the lands being acquired and where resettlement of affected families is involved—

a list of Government buildings to be provided in the Resettlement area; details of the public amenities and infrastructural facilities which are to be provided in the resettlement area”. [section 16(2)]

 (B) “include time limit for implementing Rehabilitation and Resettlement Scheme”; [section 16(3)]

 (C) “be made known locally by wide publicity in the affected area and discussed in the concerned Gram Sabhas or Municipalities”. [section 16(4)]

Section 16(5) of the Act provides that “a public hearing shall be con-ducted in such manner as may be prescribed, after giving adequate publicity about the date, time and venue for the public hearing at the affected area and in case where an affected area involves more than one Gram Panchayat or Municipality, public hearings shall be con-ducted in every Gram Sabha and Municipality where more than 25% of land belonging to that Gram Sabha or Municipality is being acquired. The consultation with the Gram Sabha in Scheduled Areas shall be in accordance with the provisions of the Provisions of the Panchayats”. “(Extension to the Scheduled Areas) Act, 1996”.

“Section 16(6) of the Act provides that the Administrator shall, on completion of public hearing submit the draft Scheme for Rehabilitation and Resettlement along with a specific report on the claims and objections raised in the public hearing to the Collector”.

REVIEW OF THE R&R SCHEME BY THE COLLECTOR

Section 17(1) of the Act provides that the Collector shall review the draft Scheme submitted by the Administrator with the Rehabilitation and Resettlement Committee at the Project level

 SUBMISSION OF DRAFT R&R BY COLLECTOR WITH HIS

SUGGESTIONS TO COMMISSIONER (R&R)

Section 17(2) of the Act provides that “the Collector shall submit the draft Rehabilitation and Resettlement Scheme with his suggestions to the Commissioner Rehabilitation and Resettlement for approval of the Scheme”.

 COMMISSIONER(R&R) TO MAKE PUBLIC APPROVED R&R  SCHEME

Section 18 of the Act provides that “The Commissioner shall cause the approved Rehabilitation and Resettlement Scheme to be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and be published in the affected areas, in such manner as may be prescribed, and be uploaded on the website of the appropriate Government”.

PUBLICATION OF DECLARATION AND SUMMARY OF R&R

Section 19(1) of the Act provides that “when the appropriate Government is satisfied, after considering the report of the Collector as regards objections from interested persons, that any particular land is needed for a public purpose, then a declaration shall be made to that effect along with a declaration of an area identified as the `resettlement area' for the purposes of rehabilitation and resettlement of the affected families and the declaration shall be under the hand and seal of a Secretary to such Government or of any other officer duly authorised to certify its orders”.

♦ “Different declarations may be made from time to time in respect of different parcels of any land covered by the same notification irrespective of whether one report or different reports has or have been made.” (wherever required).

Section 19(5) provides that every declaration as above shall indicate,—

(a) “the district or other territorial division in which the land is situated”;

(b) “the purpose for which it is needed, its approximate area”; and

(c) “where a plan shall have been made for the land, the place at which such plan may be inspected without any cost”.

Section 19(7) of the Act provides that “where no declaration is made under section 19 within 12 months from the date of preliminary notification, then such notification shall be deemed to have been rescinded”.

“Further, in computing the period of 12 months, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded and the appropriate Government shall have the power to extend the period of 12 months, if it is to be extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned”.

Section 19(2) of the Act provides as under:

♦ “The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme along with draft declaration”.

♦ “No declaration shall be made unless the summary of the Rehabilitation and Resettlement Scheme is published along with such declaration”.

♦ “No declaration shall be made unless the Requiring Body deposits an amount, in full or part, as may be prescribed by the appropriate Government toward the cost of acquisition of the land”.

♦ “The Requiring Body shall deposit the amount promptly so as to enable the appropriate Government to publish the declaration within a period of 12 months from the date of the publication of preliminary notification under section 11”.

Section 19(3) of the Act provides that in projects where land is acquired in stages “the application for acquisition itself can specify different stages for the rehabilitation and resettlement, and all declarations shall be made according to the stages so specified”.

Section 19(4) of the Act provides that “every declaration as above shall be published in the following manner” as section 11

Section 19(6) provides that “the declaration shall be conclusive evidence that the land is required for a public purpose. After making such declaration, the appropriate Government may acquire the land in such manner as specified under this Act”.

♦ “Time-limit for publication of declaration that land is required for public purpose was 1 year from the date of publication of preliminary notification.  The time-limit for publication of such declaration under the LARR Act is 12months from the date of publication of preliminary notification”.

 Section 19(5) provides that “every declaration as above shall indicate,—

 (a) the district or other territorial division in which the land is situated;

(b) the purpose for which it is needed, its approximate area

(c) where a plan shall have been made for the land, the place at which such plan may be inspected without any cost.”

 LAND TO BE MARKED OUT, MEASURED AND PLANNED INCLUDING MARKING OF SPECIFIC AREAS

“Section 20 of the Act provides that the Collector shall thereupon cause the land, unless it has been already marked out under section 12, to be marked out and measured. If no plan has been made thereof, a plan to be made of the same”.

NOTICE TO PERSONS INTERESTED TO MAKE CLAIMS FOR COMPENSATION/R&R

Section 21 of the Act provides that “the Collector shall publish the public notice on his website and cause public notice to be given at convenient places on or near theland to be taken, stating that the Government intends to take possession of the land, and claims to compensations and rehabilitation and resettlement for all interests in such land may be made to him.”

“The public notice shall state the particulars of the land so needed, and require all persons interested in the land to appear personally or by agent or advocate before the Collector at a time and place mentioned in the public notice not being less than 30 days and not more than 6 months after the date of publication of the notice, and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, their claims to rehabilitation and resettlement along with their objections, if any, to the measurements made as above”.

The Collector may in any case require such statement of interests to be made in writing and signed by the party or his agent. The Collector shall also serve notice to the same effect on the occupier, if any, of such land and on all such persons known or believed to be interested therein, be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situate.

In case any person so interested resides elsewhere, and has no such agent, the Collector shall ensure that “the notice shall be sent to him by post in letter addressed to him at his last known residence, address or place or business and also publish the same in at least two national daily newspapers and also on his website”.

POWER TO REQUIRE AND ENFORCE THE MAKING OF STATEMENTS AS TO NAMES AND INTERESTS

Section 22 of the Act provides that the “Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being less than thirty days after the date of the requisition), a statement of details of persons possessing interest in the land”. The statement shall contain so far as may be practicable :

a. the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and

b. of the nature of such interest, and of the rents and profits, if any, received or receivable on account thereof for 3 years next preceding the date of the statement.

Every person required to make or deliver a statement under this section shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code.

 

ENQUIRY AND LAND ACQUISITION AWARD BY COLLECTOR

Section 23 of the Act provides that on the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any per-son interested has stated pursuant to a notice given.

The objections stated may be as to :

(i) the measurements made under section 20,

(ii) the value of the land at the date of the publication of the notification, and

(iii) the respective interests of the persons claiming the compensation and rehabilitation and resettlement.

“After such enquiry, the Collector shall make an award under his hand of—

 (a) the true area of the land;

(b) the compensation as determined under section 27 along with Rehabilitation and Resettlement award as determined under section 31 and which in his opinion should be allowed for the land; and

(c) the apportionment of the said compensation among all the persons known or believed to be interested in the land, or whom, or of whose claims, he has information, whether or not they have respectively appeared before him”.

 

PERIOD WITHIN WHICH AN AWARD SHALL BE MADE

Section 25 of the Act provides that the Collector shall make an award within a period of 2 years from the date of publication of the declaration under section 19. If no award is made within that period, the entire proceedings for the acquisition of the land shall lapse.

The appropriate Government shall have the power to extend the period of 12 months if in its opinion, circumstances exist justifying the same. Any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned. (Section 25)

Any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned”.

DETERMINATION OF MARKET VALUE OF LAND BY COLLECTOR

Section 26(1) of the Act provides that the market value of the land shall be the highest of the following three values :—

(a) the market value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or

(b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or

(c) consented amount of compensation as agreed upon under sub-section (2) of section 2 in case of acquisition of lands for private companies or for public private partnership projects,

The date for determination of market value shall be the date on which the notification has been issued under section 41

“The Collector shall, before initiation of any land acquisition proceedings in any area, take all necessary steps to revise and update the market value of the land on the basis of the prevalent market rate in that area”.

“The appropriate Government shall ensure that the market value determined for acquisition of any land or property of an educational institution established and administered by a religious or linguistic minority shall be such as would not restrict or abrogate the right to establish and administer educational institutions of their choice”.

Average Sales Price

“The average sale price in (b) above shall be determined taking into account the sale deeds or the agreements to sell registered for similar type of area in the near village or near vicinity area during immediately preceding 3 years of the year in which such acquisition of land is proposed to be made”.

For determining the average sale price, one-half of the total number of sale deeds or the agreements to sell in which the highest sale price has been mentioned shall be taken into account.

While determining the market value and the average sale price:

1. “any price paid as compensation for land acquired under the provisions of this Act on an earlier occasion in the district shall not be taken into consideration”.

2. “any price paid, which in the opinion of the Collector is not indicative of actual prevailing market value may be discounted for the purposes of calculating market value”.

Where market value cannot be determined

Where the market value cannot be determined for the reason that—

(a) “the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in that area”; or

(b) “the registered sale deeds or agreements to sell for similar land are not available for the immediately preceding three years”

(c) “the market value has not been specified under the Indian Stamp Act, 1899 by the appropriate authority and the concerned State Government shall specify the floor price or minimum price per unit area of the said land based on the price calculated in the manner specified above in respect of similar types of land situated in the immediate adjoining areas”.

25% of market value may be paid in shares at the option of the owner of

the land

“Where the Requiring Body offers its shares to the owners of the lands (whose lands have been acquired) as a part compensation, for acquisition of land, such shares in no case shall exceed 25% of the market value”.

“The Requiring Body shall in no case compel any owner of the land (whose land has been acquired) take its shares, the value of which is deductible in the market value of the land calculated as above”.

 DETERMINATION OF VALUE OF ASSETS ATTACHED TO  LAND

Section 27 of the Act provides that the Collector having determined the market value of the land to be acquired shall calculate the total amount of compensation to be paid to the land owner (whose land has been acquired) by including all assets attached to the land.

Section 29 of the Act provides as under:

♦ The Collector in determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired, use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by him.

♦ The Collector for the purpose of determining the value of trees and plants attached to the land acquired, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him

♦ The Collector for the purpose of assessing the value of the standing crops damaged during the process of land acquisition, may utilise the services of experienced persons in the field of agriculture as considered necessary by him.

 

 

 

 

PARAMETERS TO BE CONSIDERED BY COLLECTOR IN  DETERMINATION OF AWARD

SECTION 28

“In determining the amount of compensation to be awarded for land acquired under this Act, the Collector shall take into consideration following things:-

1. “the market value as determined under section 26 and the award amount in accordance with the First and Second Schedules.”

2. “secondly, the damage sustained by the person interested, by reason of the taking of any standing crops and trees which may be on the land at the time of the Collector's taking possession thereof”.

3. “thirdly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land”;

4. “fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings”;

5. “fifthly, in consequence of the acquisition of the land by the Collector, the  person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change”;

6. “sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section and the time of the Collector's taking possession of the land”; and

7. “seventhly, any other ground which may be in the interest of equity, justice and beneficial to the affected families”.

AWARD OF SOLATIUM - 100% OF THE COMPENSATION AMOUNT

[SECTION 30]

Section 30 of the Act provides that “the Collector having determined the total compensation to be paid, shall, to arrive at the final award, impose a 'Solatium' amount equivalent to 100% of the compensation amount. “Solatium shall be in addition to the compensation payable to any person whose land has been acquired.

The Collector shall issue individual awards detailing the particulars of compensation payable and the details of payment of the compensation as specified in the First Schedule”.

 

 

 

INTEREST AT THE RATE OF 12% P.A. ON AMOUNT OF COMPENSATION:-

Section 30(3) of the Act provides that in addition to the market value of the land (section 26). “The Collector shall, award interest at the rate of 12% per annum on such market value and interest shall be awarded for the period on and from the date of the publication of the notification of the SIA study, in respect of such land, till the date of the award of the Collector or the date of taking possession of the land, whichever is earlier”.

LAND ACQUISITION PROCESS UNDER ACT NO. 1 OF 1894 SHALL BE DEEMED TO HAVE LAPSED IN CERTAIN CASES

SECTION 24

(1)  (a) where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of new Act relating to the determination of compensation shall apply.

(b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed

 (2) In case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of new Act

 Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.

Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy.

Section 24(2) states that in case of land acquisition proceedings, if a developer fails to take possession of land acquired under the old laws for five years, or if compensation is not paid to the owner, the land acquisition process would lapse. The process would then have to be re-initiated under LAAR, which would allow the owner to get better compensation.

The controversy began in 2018 when a three-judge bench of the Supreme Court overruled a judgment passed by another three-judge bench of the court in 2014.

While a five-judge Constitution bench was subsequently set up to settle the dispute on the interpretation of Section 24(2), the composition of this bench is also being challenged.

In 2014, a three-judge bench of the apex court, in the Pune Municipal Corporation v Harakchand Misirimal Solanki case[1], held that acquisition proceedings initiated under the 1894 Act, which were initiated five years before the 2013 law was enacted, would lapse if the land in question was not taken control of, or if compensation was not paid to displaced farmers This came as a relief to the land owners.

However, in 2018, another three-judge bench of Justices Arun Mishra, Adarsh Kumar Goel and Mohan Shantanagoudar declared the judgment in the Pune Municipal Corporate case “per incuriam” in the Indore Development Authority v Shailendra (D) Through LRS & Ors case.[2]The judgment was delivered with a 2:1 majority, with Justice Shantanagoudar dissenting.  

A judgment can be declared per incuriam if it does not follow a statutory provision or a binding precedent that may have been relevant. It literally translates to “through lack of care”. In such scenarios, a judgment can be declared to be without any legal force, and is then not treated as a valid precedent.

The fresh judgment held that if a landowner refuses to accept the compensation offered by the developer, they cannot take advantage of their own wrongdoing and have the acquisition proceedings lapse under the old law. This came as a relief for developers

Days after the 2018 judgment, another three-judge bench comprising Justices M.B. Lokur, Kurian Joseph and Deepak Gupta stayed the operation of the Indore Development Authority judgment. Justices Lokur and Joseph were part of the earlier bench that delivered the Pune Municipal Corporation judgment.

This bench directed the high courts across the country to not decide any case on the basis of the new ruling, and requested apex court judges to defer hearing and not pass any orders in other cases pending before the Supreme Court.

This bench essentially took objection to the 2018 three-judge bench overruling a precedent laid down by a coordinate bench, because in common law, judgments by larger benches or those with equal number of judges are binding on other benches. Hence, a three-judge bench cannot override the judgment of another three-judge bench. It can only record its difference of opinion and request for the case to be considered by a larger bench, to set a binding precedent.

Thus reference was made to the then CJI Deepak Misra to constitute a larger bench and initially the case was to be heard by CJI Ranjan Gogoi and Justices N.V. Ramana, D.Y. Chandrachud, Deepak Gupta, and Sanjiv Khanna. However, this bench was unable to assemble after the first week of April.

A five-judge bench, headed by Justice Arun Mishra and comprising Justices Indira Banerjee, Vineet Saran, M.R. Shah and Ravindra Bhat

In March 2020

The five-judge bench  led by  justice Arun Mishra  ruled that acquisition proceedings, initiated under the old law would lapse only if they had been initiated five years before January 1, 2014, the day the new law come into being, only if the state had not taken possession of the law and failed to tender the compensation for it. The time of five years is provided for authorities to take action, not to sleep over the matter, it said. Proceedings will lapse only due to lethargy or default on the part of the authorities and for .. 
no other reason. It cannot therefore include any other reason such as a court order. In such a case, the landowner would be entitled to get higher compensation under the new law. The state would then have to initiate the acquisition proceedings afresh. 

Existing land acquisition proceedings would not, however, lapse if compensation was tendered but no possession taken. If possession was taken but no compensation tendered, the landowners would get a higher compensation under the new Act.It would only lapse if the state fails on both counts. The state is absolved any liability for non-payment as long as it has tendered the compensation amount, that is made it unconditionally available and the landowner has refused to receive it. Merely if a landowner refuses to accept it, it cannot be said that he has not been paid. Once amount has been tendered that would amount to payment, the court said. Merely because a person who has received compensation clings on to possession of the land the proceedings cannot be said to have lapsed.

Also the court held that In cases where landowners have litigated successfully it may not be possible for the authorities or state officials to take the possession or to make payment of the compensation, the bench said. Hence, the state cannot be penalised by insisting that the proceedings must lapse 

CONCLUSION

 The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is a path defining law on land acquisition that has served the dual purpose of providing transparent land acquisition process and also providing fair compensation to the affected parties. The Act truly from its provisions illustrates that the process of land acquisition can be undertaken with consideration of interest of all classes involved and can emerge as a winner for the cause of public interest for which it is undertaken and serve the interest of the parties deeply affected by land acquisition.

 

BIBLIOGRAPHY

 

BOOK:

 P.S. KHURANA, 5 TH EDITION, 2018, A Treatise on Land Laws in Punjab and Haryana

 

WEBSITES 

http://www.lawctopus.landacquisition.background.com/

http://www.shodhganga.landacquisition.com/

http://legal500.2013.landacquisition.features.com

https://theprint.in/theprint-essential/why-a-section-of-the-land-acquisition-act-turned-into-a-big-judicial-controversy/305787/

https://economictimes.indiatimes.com/news/politics-and-nation/litigations-cant-hold-up-land-acquisition-supreme-court/articleshow/74522683.cms

 

 

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[1] SLP(C) No. 30283 of 2008

 

[2] S.L.P. (C) No.2131 of 2016