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2017 (1) ADR 127 ::2017 (1) AJR 736
Supreme Court Of India
Hon'ble Judge(s): Kurian Joseph, Rohinton Fali Nariman , JJ

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (30 of 2013) , S.24(2)— Lapse of acquisition proceedings - Is a post-award lapse - Different from pre-award lapse under S.11A of 1894 Act - Lapse under S.24(2) affects only land referred to in award and not entire lands covered by S. 4(1) notification. Land Acquisition Act (1 of 1894) , S.11A— The crucial difference between lapse under Section 11A of the 1894 Act and that under Section 24(2) of the 2013 Act is that the former is a pre-award situation whereas the latter is post-award. In other words, what gets lapsed under Section 11A of the 1894 Act is the ... 'entire proceedings for the acquisition of the land', whereas, under Section 24(2) of the 2013 Act, what gets lapsed is the land acquisition proceedings initiated under the Land Acquisition Act, 1894 which has culminated in passing of an award under Section 11 but where either possession is not taken or compensation not paid within five years prior to 01.01.2014. Since the lapse under Section 24(2) of the 2013 Act is post-award, that would affect only the land referred to in the award and not the entire lands covered by the Section 4(1) notification under which the proceedings for acquisition were initiated. In the present case, there is no dispute on facts that after passing the award u....

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