Rehabilitation and Resettlement Act, 2013 (hereafter referred to as the “new Act”), the acquisition proceedings initiated under the now repealed Land Acquisition Act, 1894 (hereafter referred to as the “old Act”), have lapsed. The appropriate consequential directions have also been sought by the petitioners. The brief facts are that the petitioner claimed to have acquired title to the suit property through a registered sale deed dated 17.03.1978 and consequently – in respect of another part – through registered gift deed dated 04.04.1985. The suit property along with other lands were subject matter of a notification under Section 9 of the old Act. The petitioner contends that he objected to the acquisition proceedings under Section 5A of the old Act on 16.12.1980. His earlier effort to have the acquisition proceedings invalidated were unsuccessful; W.P.(C) 1291/1981 initiated in that regard was dismissed by this Court on 16.11.1983. That order was affirmed by the Supreme Court. On 05.06.1987, the award in respect of the properties notified for acquisition, including the suit property was published. The petitioner sought for enhancement of compensation. Apparently, those proceedings have not ended. In the backdrop of these facts, the new Act was brought into force with effect from 01.01.2014. The petitioner contends that by virtue of Section 24(2) of the new Act, the reliefs claimed have to be granted by this Court. The petitioner alleges that neither was compensation paid and that the compensation determined by the Land Acquisition Collector (LAC) was not paid so as to trigger the operation of Section 24(2). It was also contended that the respondents did not take any positive step towards physically dispossessing the petitioner, hence the alternative requirement of Section 24(2), i.e. possession not having been taken by the respondents, also stands fulfilled.
