When Does Land Acquisition Proceedings Start Under 1894 Act For The Purposes Of Section 24(1) RFCTLARR Act? SC Continues Hearing

The Supreme Court on Wednesday resumed hearing on a string of petitions raising the question whether the expression "proceedings" in section 24(1) of the 2013 Land Acquisition Act is to be reckoned from the date of notification under Section 4 of the Land Acquisition 1894 or with the date of notification under Section 6 of the old Act.Section 24 is titled 'Land acquisition process under Act No 1 of 1894 shall be deemed to have lapsed in certain cases'. On Tuesday, SG Tushar Mehta told the Court that the land acquisition proceedings can be said to have been "initiated" for the purpose of section 24(1)(a) of the new Act if the notification under section 4 of 1894 Act was issued prior to the commencement of the 2013 Act; and hence, in such cases where section 4 notification is issued and no award is made, then the acquisition would not be deemed to have lapsed and only in the procedure of fixation of compensation, the new Act will apply as per the dictum of section 24(1)(a).Section 24(1) starts with the expression 'Notwithstanding anything contained in this Act, in any case of land acquisition proceedings initiated under the Land Acquisition Act, 1894...". Section 24(1)(a) says where no award under section 11 of the old Land Acquisition Act has been made, then the acquisition would not lapse and all provisions of the new Act relating to the determination of compensation shall apply. Section 24(1)(b) says where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the old Land Acquisition Act, as if the said Act has not been repealed. Section 4 of the 1894 Act read as follows- Whenever it appears to the appropriate government that land in any locality is needed or is likely to be needed for any public purpose or for a company a notification to that effect shall be published in the Official Gazette and in two daily newspapers circulating in that locality of which at least one shall be in the regional language and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality. Thereupon it shall be lawful for any officer, either generally or specially authorised by such government in this behalf, and for his servants and workmen, to enter upon and survey and take levels of any land in such locality; etc. Section 5 provided for payment of damages.Section 5A stated that Any person interested in any land which has been notified under Section 4 as being needed or likely to be needed for a public purpose or for a Company may, within thirty days from the date of the publication of the notification, object to the acquisition of the land or of any land in the locality, as the case may be. It further provided that every objection under sub-section (1) shall be made to the Collector in writing, and the Collector shall give the objector an opportunity of being heard and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, make a report in respect of the land which has been notified under Section 4. Section 6 of the 1894 Act provided that when the appropriate government is satisfied, after considering the report, if any, made under Section 5-A, that any particular land is needed for a public purpose, or for a Company, a declaration shall be made to that effect under the signature of a Secretary to such government or of some officer duly authorised to certify its orders.The bench of Justices A. M. Khanwilkar, A. S. Oka and C. T. Ravikumar was hearing SLPs against a 2017 decision of the Punjab and Haryana High Court where it was held that it cannot be said that the acquisition proceedings had been initiated as contemplated by Section 24 (1) of the New 2013 Act as the notification under section 4 of the old 1894 act had been issued before the coming into effect of the New 2013 Act from 01.01.2014. "Section 24 of the New 2013 Act relates to land acquisition process under the Old 1894 Act to be deemed to have lapsed in certain cases. The said heading of Section 24 is for providing of lapse of proceedings under the Old 1894 Act in certain cases. Sub-section (1) (a) thereof mentions that notwithstanding anything contained in the New 2013 Act, in any case of land acquisition proceedings initiated under the Old 1894 Act, where no award under section 11 of the old 1894 act had been made, then all provisions of the new 2013 act relating to the determination of compensation are to apply. Therefore, for the applicability of the provisions of clause (a) of sub-section (1) of Section 24 of the New 2013 Act are that the proceedings under the Old 1894 Act must have been initiated. It is only then that where no award under section 11 of the old 1894 act had been made, then, the provisions of the new 2013 act for determining the payment of compensation are to apply. Initiation of proceedings under the Old 1894 Act is a sine qua non for the applicability of the New...

When Does Land Acquisition Proceedings Start Under 1894 Act For The Purposes Of Section 24(1) RFCTLARR Act? SC Continues Hearing

Mehal Jain

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