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TMI Blog2017 (8) TMI 1500X X X X Extracts X X X X X X X X Extracts X X X X ..... ect of the suit lands are deemed to have lapsed. 3. The common facts are that the petitioners' lands along with several other land owners, properties, were notified for the purpose of acquisition under Section 4 of the Land Acquisition Act, 1894 on 27.10.1999. The Section 6 declaration was issued on 03.04.2000. After considering the objections of the land owners and also the evidence brought on record, the Collector published his award assessing the acquired lands to compensation on 15.02.2003. 4. All writ petitioners state that since compensation was not paid in respect of their lands or which were acquired, Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r affidavits in all these cases of the Land Acquisition Collector (LAC), to the extent it is relevant is extracted 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) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of conferring any right, title or interest to the petitioner for invoking writ jurisdiction of the Hon'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 Col ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he relief from this Court on the basis of an unregistered agreement to sell and General Power of 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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