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2015 (1) TMI 1449 - SC - Indian LawsAcquisition of Land - Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - allegation that respondent no. 1 has started acquiring the land without complying with the provisions and in utter violation of the Act of 1995 & therefore the acquisition proceedings are bad in law and liable to be quashed - HELD THAT:- The respondent No.2 GMADA has admitted that the possession of the land in question (i.e. about 102 acres) is with the appellants and the appellants have not received the compensation for the said land being acquired by GMADA. The present case is squarely covered by the law laid down in the matter of PUNE MUNICIPAL CORPORATION & ANR. VERSUS HARAKCHAND MISIRIMAL SOLANKI & ORS. [2014 (1) TMI 1643 - SUPREME COURT] where it was held that the award pertaining to the subject land has been made by the Special Land Acquisition Officer more than five years prior to the commencement of the 2013 Act. It is also admitted position that compensation so awarded has neither been paid to the landowners/persons interested nor deposited in the court. The deposit of compensation amount in the government treasury is of no avail and cannot be held to be equivalent to compensation paid to the landowners/persons interested. The physical possession of the land belonging to the appellants have neither been taken by the respondents nor compensation paid to them even though the award was passed on 06.08.2007, and more than five years have lapsed prior to date on which the Act of 2013 came into force. Therefore, the conditions mentioned in Section 24(2) of the Act of 2013 are satisfied in this case for allowing the plea of the appellants that the land acquisition proceedings are deemed to have lapsed in terms of Section 24(2) of the Act of 2013 - The said legal principle laid down by this Court in the case of Pune Municipal Corporation with regard to the interpretation of Section 24(2) of the Act of 2013, with all fours are applicable to the fact situation in respect of the land covered in these appeals for granting the relief as prayed by the appellants in the applications. The acquisition proceedings in respect of the appellants' land have lapse - Application allowed.
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