AIR 2018 BOMBAY 1 ::2018 (1) ABR 336 ::(2018) 1 AllMR 1 (BOM) ::(2017) 6 Bom CR 706 ::2018 (1) KLT SN 83 (BOM) ::(2017) 6 Mah LJ 408 ::2018 (185) AIC (SOC) 4 (BOM)

Bombay High Court

Hon'ble Judge(s): Manjula Chellur , C.J. AND N. M. Jamdar, G. S. Kulkarni , JJ

(A) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (30 of 2013) , S.24(2)— Maharashtra Regional and Town Planning Act (37 of 1966) , S.125, S.126, S.127— Deemed lapse of acquisition proceedings - S. 24 (2) of RFCTLARR applies only to acquisition proceedings initiated under Land Acquisition Act - Does not apply to proceedings under MRTP Act. Land Acquisition Act (1 of 1894) , S.11A— Interpretation of Statutes - Intention of Legislature.Words and Phrases - Word 'initiated' - Meaning.2015 (5) ABR 356, Approved.AIR 2015 SC 2041, Disting. Section 24(2) of RFCTLARR provides different time frame and lapsing of acquisition on default, it cannot be applied to acquisition initiated u/Ss. 125 to 127 of MRTP Act. MRTP Act has not undergone any change from its character as complete code. Section 24(2) of RFCTLARR will apply only if acquisition proceedings are 'initiated' under Land Acquisition Act, and cannot apply if they are initiated u/Ss. 125 to 127 of MRTP Act. Subsequent amendments to MRTP Act, framing of Rules by State, and proviso to S. 125 have not brought in any change in position of law in this regard. While carrying out planned development, balance has to be achieved between individual rights and larger good of society. MRTP Act has its own scheme for achieving such balance. MRTP Act has ela....