TORI WOR wore (qa-6) fart sie 10 CATH) TE] HE 1. 2 Wa Pe BIER, TUT | Bat PS MRT HITE | sere afaftad Fe wR / wy aT aes / mer afer | aR fea YR ols, yates sie gratarenry a wR afer ate areefifen afer afar, 2013 al arr 24d wide YH sorted fasarata We6/ ae 8 fe wera fear @ uRax Gare F. 1(3) 2011/7 RARE 113.2014 Ene Preftra afh orohy aifSPra, 1904 B cea a orotT S sate odad 3 wae ¥ art onlad o fe aff anit, qrofes oie Greiner + sie ster Sk uncon after afiian, fea we He ah 2013 HY ene 24 Fw Te aT S Te sam, 2019 Ft arr 26 wel deat } fy oie oot a da at ar fea TH yer * area welea vorerera 7 vere Ta) AMAR (eh) vier 9036-9038 /2016 Se SaeTE secret 3 oY A vig oat Hy de A few 63.2020 are Peta aie Pea wee wrragsaraouiftt_Pefa—ittps://main.sci.gov.in/ supremecourt/2016/8700/8700_2016_3_1501_21394_Sudgement_06-Mar- 2020.pdf wx wuerer #1 ade wdter ware art an 24 Bt aren } waa i fig fits a Whether the word “or” in Section 24(2) of the Act of 2013 used in between possession has not been taken or compensation has not been paid to be read as “and”? [rer] wet | | Ta 71 The word ‘or’ used in Section 24(2) | between possession and compensation | has to be read as ‘nor’ or as ‘and’, The | deemed lapse of land acquisition proceedings under Section 24(2) of the Act of 2013 takes place where due to inaction of authorities for five years or more prior to commencement of the said Act, the possession of land has \ \ = not been taken nor compensation has ye rage, Perit 20/03 ]2020 etbeen paid. In other words, in case possession has been taken, compensation has not been paid then there is no lapse. Similarly, if compensation has been _paid, Possession has not been taken then there is no lapse. Whether proviso to Section 24(2) of the Act of 2013 has to be construed as part thereof or proviso to Section 24(1)(b)? The proviso to Section 24(2) of the Act of 2013 is to be treated as part of Section 24(2) not part of Section 24(1)(b), What meaning is to be given to the word "paid" used in Section 24(2) and "deposited" used in the proviso to Section 24(2)? The expression ‘paid’ in the main part of Section 24(2) of the Act of 2013 does not include a deposit of compensation in court. ~The consequence of non-deposit is Provided in proviso to Section 24(2) in case it has not been deposited with | Tespect to majority of land holdings then all beneficiaries (landowners) as on the date of notification for land | acquisition under Section 4 of the Act | of 1894 shall be entitled to | compensation in accordance with the | provisions of the Act of 2013. In case the obligation under Section 31 of the Land Acquisition Act of 1894 has not | been fulfilled, interest.under Section | 34 of the said Act can be granted, Non-deposit of compensation (in court) does not result in the lapse of land acquisition proceedings. In case of non-deposit with respect to the majority of holdings for five years or more, compensation under the Act of 2013 has to be paid to the "landowners" _as_on_ the date of yiWhat are the consequences of payment not made? What are the consequences of the amount — not deposited? What is the effect of a | fetes NEE rs REEDED Ee notification for land acquisition under Section 4 of the Act of 1894. In case a person has been ‘tendered me compensation as provided under Section 31(1) of the Act of 1894, it is not open to him to claim that acquisition has lapsed under Section 24(2) due to non-payment or non- deposit of compensation in court. The obligation to pay is complete by tendering the amount under Section 31(1). Land owners who had refused to accept compensation or who sought reference for higher compensation, cannot claim that the acquisition proceedings had lapsed under Section 24(2) of the Act of 2013. | What is mode of taking possession under the Land Acquisition Act and true | meaning of expression the physical possession of the land has not been taken occurring in Section 24(2) of | the Act of 2013? The mode of taking possession under the Act of 1894 and as contemplated under Section 24(2) is by drawing of inquest report/memorandum. Once award has been passed on taking possession under Section 16 of the Act of 1894, the land vests in State there is no divesting provided under Section 24(2) of the Act of 2013, as once Possession has been taken there is no lapse under Section 24(2). Whether the period covered by an interim order of a Court concerning —_ land acquisition proceedings ought to be excluded for the Purpose of applicability of Section 24(2) of the Act of 2013? The provisions of’ Section 242) providing for a deemed lapse of proceedings are applicable in case authorities have failed due to their inaction to take possession and pay compensation for five years or more before the Act of 2013 came into force, in a proceeding for land acquisition pending with concerned authority as on 1.1,2014. The period of |sed subsistence of jnterim: orders pi by court hus to be excluded: in the computation of five years. Whether Section 24 of the | Seetion 24(2) of the Act of 2013 de Act of 2013 revives barred | Hot pive rise to new couse of uclion to and stale claims? question the legality. of concluded proceedings of land acquisition. Section 24 applies lo a proceeding pending on the date of enforcement of the Act of 2013, Le, 11.2014. 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