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2015 (10) TMI 2826 - HC - Indian LawsValidity of proceedings of the acquisition of the land of the petitioners - benefit of statutory provisions contemplated under Section 24(2) of Land Acquisition, Rehabilitation and Resettlement Act, 2013 - HELD THAT:- Considering either the basic provisions or by various pronouncements, the facts of this case are required to be analyzed. In the present case, it is not in dispute that final notification under Section 6 for acquisition of the land of the petitioners bearing Survey No.497/1 Khasra No.497/1 area ad measuring 5.696 hectare and the residential house situated at Village Lalguvan, Tahsil Rajnagar, District Chhatarpur was issued on 26.9.2003. It is also not in dispute that the award was passed under Section 11 on 30.11.2004. The said land was acquisitioned by respondent Nos.2 and 3 for the use of respondent No.1 indicating the public purpose - it is concluded that the award was passed more than five years prior to the date of commencement of the Act of 2013 and the said amount has not been paid or deposited by the Land Acquisition Officer to the beneficiaries, to observe the requirement of Section 24(2) of the Act of 2013 and the amended ordinance. Thus, the proceedings of the land acquisition would lapse so far as it relates to the petitioners are concerned. On 7.10.2005 the possession of the land in question in the present petition has been delivered to the respondent No.1. No document has been brought on record indicating the fact that after acquisition and passing of the award, any notice was issued and served on the land owners. Nothing has been brought on record indicating the fact that in presence of the land owners and before the independent witnesses, possession has been taken from them, and thereafter, possession was delivered to the Archaeological Survey of India. In absence of the document of taking over of the possession from the land holders plea of following the procedure is of no consequence and by the said document, it cannot be presumed that the actual physical possession had been taken over from the land owners following the procedure prescribed, and then delivered to the respondent No.1 - looking to the documents brought by the respondents, it is apparent that actual physical possession of the land following the procedure has not been taken over by the respondents. Both the contingencies specified under Section 24(2) of the Act of 2013 either of delivery of possession excluding the period of stay or the compensation paid by depositing it in the account of the beneficiaries or in Court has not been satisfied, bringing any material. In absence thereto, in view of the legal position discussed by various pronouncements, it is to be held that the contingencies specified under Section 24(2) of the Act of 2013 have not been satisfied by the respondents - the land acquisition proceedings insofar as it relates to the agricultural land pertaining to Khasra No.497/1 area ad measuring 5.696 hectare and the residential house situated at Village Lalguvan, Tahsil Rajnagar, District Chhatarpur would be deemed to be lapsed. The land acquisition proceedings so far as it relates to the land in question shall stand lapsed - petition allowed.
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