Section 54A in The Jaipur Development Authority Act, 1982
54A. [ Transitory provisions for pending matters relating to acquisition of land. [Substituted by Rajasthan 4 of 1995.]
(1)Notwithstanding anything otherwise contained in sub-section (1) of section 45, where, in any matter relating to the acquisition of land pending between 24the day of September, 1984 and 31st day of July, 1987, an action, thing or order has been taken, done or made under and in accordance with the provisions of this Act, as it stood before the first day of August, 1987, such action, thing or order shall not be reopened or reviewed or be liable to be challenged on the ground that such action thing or order was at variance with that provided for in the Land Acquisition Act, 1894 (Central Act 1 of 1894) (hereinafter in this section referred to as The Land Acquisition Act) subject, however, that any, further proceeding action or order in such matter conducted, taken or made on or after the first day of August, 1987, shall, subject to the other provision of this section, be made under and in accordance with the Land Acquisition Act.(2)The amount of compensation or interest or that Payable for another reason, shall in a matter pending on the first day of August, 1987, be payable under and in accordance with the provisions of the Land Acquisition Act and the money paid prior to the first day of August, 1987, shall be deducted from or adjusted against the said amount.(3)Where in a matter pending on the first day of August, 1987, a notice under sub-section (2) of section 45 or a notification under sub-section (1) thereof has been issued or, as the case may be published such notice or notification shall be deemed to be notification or declaration published or made under subsection (1) of section 4 or, as the case may be, under sub-section (1) of section 6 of the Land Acquisition Act and the declaration or award in such matter shall be made within a period of one year or as the case may be, two years from the first day of August, 1987.(4)Where any land has, prior to the first day of August, 1987, vested in the State Government or its possession has been taken in accordance with the provisions of this Act, as it stood before the first day of August, 1987, such vesting or possession of land shall not be liable to be challenged on the ground that no amount of compensation was tendered and paid in accordance with subsection (3-A) of section 17 of the Land Acquisition Act, subject, however, that such amount shall be tendered and paid within a period of six months from the first day of August, 1987.(5)In determining the amount of compensation to be awarded in a matter pending on the first day of August, 1987, the market value of the land at the date on which the notice was published in the Official Gazette under sub-section (2) of section 45, as it stood before first day of August, 1987, shall be taken into consideration.(6)An appeal preferred to the Tribunal under sub-section (6) of section 48 or a dispute referred to the Tribunal under subsection (2) of section 49 or a deposit of amount made in the Court of the District Judge under sun-section (2) of section 50 and pending decision or disposal on the first day of August, 1 987 shall be dealt with having regard to the provisions of the Land Acquisition Act.(7)Where in a matter pending on the first day of August, 1987, the amount of compensation payable under the provisions of of this Act, as it stood before the first day of August, 1987, is higher that that payable under the Land Acquisition Act, the owner of the land and the persons interested therein shall be entitled to claim the higher amount].
