Allowed

Suresh Kohli and Others v. State Of Uttarakhand and Others

Uttarakhand HC23 May 2014WPMS/686/2014

Case brief

AI extract

What is this about?

The High Court of Uttarakhand reviewed a prior order in which it had held that the invocation of Section 17(4) of the Land Acquisition Act was erroneous because no Section 6 notification or Section 11 award was passed. Consequently, the notification under Section 4 was quashed, and the Government was allowed to proceed afresh under the new Act.

What did the court decide?

Direction that the impugned notification under Section 4 read with Section 17(4) of the Land Acquisition Act stands quashed.

Suresh Kohli and Others Vs State Of Uttarakhand and… — Land Acquisition | Uttarakhand HC (2014)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Review Petition (MCC No. 267 of 2014) IN Writ Petition No. 686 of 2014 (M/S)

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Suresh Kohli and others

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…..Petitioners

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Versus

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State of Uttarakhand and others

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......….Respondents

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Present:

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Mr. Arvind Vashisth, Advocate for the petitioners. Mr. Anil Kumar Joshi, Additional Chief Standing Counsel for the State/respondent nos. 1, 2 and 4.

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Mr. Rahul Consul, Advocate for respondent no. 3.

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Hon’ble Alok Singh, J (Oral).

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Undisputedly, notification dated 11.10.2013 was issued under Section 4 invoking Section 17 (4) exempting application of Section 5-A of the Land Acquisition Act. Undisputedly, no notification under Section 6 of the Land Acquisition Act, 1894 was ever issued nor any award was passed under Section 11 of the Land Acquisition Act, 1894.

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Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 reads as under :

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“ 24. Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in certain cases. – (1) Notwithstanding anything contained in this Act, in any case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), -

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

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(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.

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(2) Notwithstanding anything contained in sub-section (1), 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 this Act:

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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. ”

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Perusal of Section 24 would reveal that if no award under Section 11 of the old Land Acquisition Act was passed then all the provisions of new Act relating to the determination of compensation shall apply. However, when award was passed under Section 11 of the old Act, prior to the commencement of the present Act, proceedings shall continue as per the old Act. Section 24 further provides that if award was passed under Section 11 of the old Act five years prior to the commencement of the new Act, however, no possession was ever taken or no compensation was paid, then proceedings under old Act shall be deemed to have lapsed.

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In the case in hand, since Section 6 notification was never issued, therefore, there was no question of

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passing the award under Section 11 or taking possession under Section 9 of the Act.

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In the judgment dated 10.4.2014, while placing reliance on the earlier judgment passed by this Court dated 26.3.2014 in Writ Petition No. 1980 of 2007 (M/S) (Hari Har Singh v. State of Uttarakhand), this Court has held that invocation of Section 17 (4) exempting application under Section 5-A of the Act, in the peculiar facts and circumstances of the case, was wrong.

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In view of the finding recorded that Section 17 (4) exempting application under Section 5-A ought not to have been invoked, notification issued under Section 4 would also go. Therefore, Review Application stands disposed of with the direction that impugned notification under Section 4 read with Section 17 (4) exempting application under Section 5-A of the Act stands quashed. However, State Government shall be at liberty to proceed in accordance with law afresh, if so advised, under the new Act.

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It is, however, made clear that this Court has not expressed any opinion on the validity of the original plan issued by MDDA and this question is left open to be decided at the appropriate stage.

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CLMA NO. 5232 of 2014 also stands disposed of accordingly.

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(Alok Singh, J.) 23.5.2014

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Avneet

Suresh Kohli and Others v. State Of Uttarakhand and Others

Case brief

What is this about?

What did the court decide?

Suresh Kohli and Others v. State Of Uttarakhand and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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