TMI Blog2016 (1) TMI 1275X X X X Extracts X X X X X X X X Extracts X X X X ..... with the following directions: i) The appellant, without accepting the award, shall be paid the amount as compensation under Annexure R2(c) without any deduction towards income tax. ii) The District Collector shall effect the necessary payment in terms of the award without any deduction towards income tax within a period of four weeks from today. iii) The petitioner shall make a reference under Section 64 of the 2013 Act within a period of six weeks from today, in view of the fact that we have held Annexure R2(c) as an award under the 2013 Act. - WA.No. 1422 of 2015 IN WP (C). 13392/2015 - - - Dated:- 18-1-2016 - ASHOK BHUSHAN, CJ A.M. SHAFFIQUE, JJ APPELLANT: BY ADV. SRI.AYYAPPAN SANKAR RESPONDENTS: R1 2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR J U D G M E N T Ashok Bhushan, CJ Heard learned counsel for the parties. 2. This writ appeal has been filed against the judgment dated 05/06/2015 in W.P.C.No.13392/2015, by which judgment, the learned Single Judge had disposed of the writ petition permitting the petitioner to withdraw the amount deposited in Court. This shall, however, be without prejudice to the right of the petitioner for f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; ii) Issue a writ of mandamus or other appropriate writ, order or direction, commanding the respondents 1 and 2 to pursue proceedings regarding determination and payment of compensation in respect of acquisition of petitioner's property strictly complying with the mandatory provisions of law and complete the same without delay; iii) Issue a writ of mandamus or other appropriate writ, order or direction, commanding the respondents to ensure deposit of the compensation amount for the acquired portion of land and building strictly in terms of the negotiated settlement arrived at in the District Level Purchase Committee on 6.4.2013 before the authority constituted under Act 30 of 2014; 5. The learned Single Judge disposed of the writ petition permitting the petitioner to withdraw the amount deposited in Court subject to the directions in Ext.P7 judgment in W.P.C.No.29884/2014. It was further held that the said withdrawal, however, shall be without prejudice to the right of the petitioner for further determination of compensation under the 2013 Act. The writ petition was disposed of on 05/06/2015. The petitioner, aggrieved by the judgment of the learned Single Judge, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said Act has not been repealed. (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: 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. In accordance with Section 24(1)(a), all provisions of 2013 Act relating to the determination of compensation shall apply. Thus, there cannot be any dispute regarding the statutory scheme that the award whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fails to make such reference within the period so specified, the applicant may apply to the Authority, as the case may be, requesting it to direct the Collector to make the reference to it within a period of thirty days. A perusal of Section 64(1) clearly indicates that reference under Section 64(1) is to be made with regard to various factors which are contemplated under the 2013 Act. The phrase Rehabilitation and Resettlement under Chapters V and VI is used in the 2013 Act. Hence, if the award is not acceptable to a person, remedy under Section 64(1) is available to him. There is no occasion for such person to file a reference under Section 18 of the 1894 Act. Hence the submission of the learned Government Pleader that the petitioner had to make a reference under Section 18, has to be rejected. 12. Now, we come to the submission of the learned counsel for the appellant that even the award, Annexure R2(c), cannot be treated to be passed under the 2013 Act. As observed above, respondents proceeded to prepare the award under the 2013 Act, the award has to be treated as passed under the 2013 Act. Several factors which are relevant for determination under the 2013 Act has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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