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TMI Blog2016 (6) TMI 1487X X X X Extracts X X X X X X X X Extracts X X X X ..... sra No. 19/2/1 (3-4), 19/2/2 (1-4), 22/2/1 (0-10), 23/1 (0-3), 3/2/1/1 (1-02). Similarly the petitioner no. 2 is the owner in possession of land measuring 13 Kanals 11 Marlas, comprised in Rectangle No. 2, Khasra No. 20 (7-7), 21/1 (6-4), situated in Gurgaon. 2. The aforesaid land became subject matter of land acquisition proceedings when a Notification under Section 4 of the Land Acquisition Act, 1894 was issued by the Respondent State on 29.01.2003 which culminated in an Award dated 14.03.2006 and Supplementary Award dated 27.02.2007. 3. The petitioners contend that they have been making representations to the concerned authorities with regard to the release of the said land throughout the proceedings and their land has been recommended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen, all provisions of this Act relating to the determination of compensation shall apply. or (b) where an award under said Section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.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, 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have lapsed where award has been made five years or more prior to the commencement of 2013 Act and possession of the land is not taken or compensation has not been paid. The legal fiction under Section 24(2) comes into operation as soon as conditions stated therein are satisfied...........". 6. The aforesaid judgment has been reiterated by the Hon'ble Supreme Court in Bharat Kumar v. State of Haryana and Anr., reported as (2014) 6 SCC 586 and in Bimla Devi and Ors. Vs. State of Haryana and Ors., reported as (2014) 6 SCC 583 and more recently in its judgment dated 28.4.2016 in Civil Appeal No. 4544 of 2016 titled as D.D.A. v. Reena Suri and Ors. 7. In view of the law settled by the Hon'ble Supreme Court, the only question that ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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