TMI Blog2017 (8) TMI 1500X X X X Extracts X X X X X X X X Extracts X X X X ..... Ors. [2014 (1) TMI 1643 - SUPREME COURT OF INDIA], where it was clearly stated that “payment” connotes the aspect of tendering to the land owner and in the event of refusal by him or her, its deposit in the Court by the Collector - In the present case, therefore, there is a clear admission that the respondents did not pay the land owners the compensation they were entitled to - The petitioner acquired the property through registered sale deed on 28.06.1988. Upon these facts, the Court is unable to sustain the respondent’s objection that the property had vested in the Gaon Sabha since the award determined the compensation in its favour. The Court is of the opinion that the petitioners’ rights as subsequent purchasers and secondly “persons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereafter referred to as the Act ) applies and that this Court should declare that the acquisitions have lapsed. 5. For the purpose of convenience, the following chart, setting out the extent of land in respect of which the petitioners claim the ownership, and entitlement to the relief is set out as under: Writ Petition No. Khasra No. In question Total in Kh Total acquired Vesting in Gaon Sabha 7871 19/23 1-0 4-16 4-16 4-16 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tracted below: (i) W.P.(C) No.7871/2014 6. That it is submitted that the lands of village Pansali were notified vide Notification under section 4 of the Land Acquisition Act, 1894 dated 27.10.1999 which was followed by the Notification under section 6 of the Act dated 3.4.2000. The Award was also passed vide Award No. 4A/2002-03 dated 15.3.2003. It is further submitted that the possession of the land was taken on 12.5.2000 however as the land was shown in the name of Gram Sabha, the compensation could not be paid for land measuring 4-16 falling in khasra number 19/23 wherein the petitioner has the share of one bigha only. (ii) W.P.(C) No.7893/2014 6. That it is submitted that the lands of village Pansali were notified vide No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n ble Court and are also liable to be impounded as per Stamp Act. 8. It is quite evident therefore that the LAC has admitted that compensation in respect of the suit lands to the extent of 1 bigha in each petition was not paid. As to what is meant by payment has been explained in one of the earlier authorities of the Supreme Court in relation to Section 24(2) of the Act i.e. Pune Municipal Corporation and Anr. v. Harak Chand Misrimal Solanki and Ors. (2014) 3 SCC 183, where it was clearly stated that payment connotes the aspect of tendering to the land owner and in the event of refusal by him or her, its deposit in the Court by the Collector. In the present case, therefore, there is a clear admission that the respondents did not pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Attorneys. In these cases, the Court notices that these documents were executed almost three decades back. The judgment in Suraj Lamp Industries Pvt. Ltd. v. State of Haryana (2012) 1 SCC 656 is clear that unregistered Power of Attorneys and such like conveyance documents, would have only prospective effect. 11. Having regard to these facts, the Court is of the opinion that the petitioners rights as subsequent purchasers and secondly persons interested , prior to the acquisition has to be recognized. 12. In the light of the above discussion, these petitions are entitled to succeed. It is accordingly declared that the acquisition in respect of the suit lands i.e. Khasra Nos.19/18, 19/19 and 19/23, Village Pansali are deemed to ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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