Patna High Court - Orders
Gobardhan Prasad & Ors vs The State Of Bihar & Ors on 29 March, 2017
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
Patna High Court CWJC No.7814 of 2015 (3) dt.29-03-2017 1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7814 of 2015
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Gobardhan Prasad & Ors
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ambuj Nayan Chaubey
For the Respondent/s : Mr. Krishna Chandra, AC to AG
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
03/ 29.03.2017Heard learned counsel for the petitioners as well as learned AC to AG for the State.
Admittedly, notification was issued on 03.09.2013 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short "Act, 2013") came into force on 01.01.2014 and at the time of coming into force of the aforesaid Act, no award had been prepared. Petitioners have prayed for quashing notification issued under the Land Acquisition Act, 1894.
Section 24 (1) (a) of the Act, 2013 says that where no award under section 11 of the Land Acquisition Act has been made then, all provisions of the Act, 2013 relating to determination of compensation shall apply. The aforesaid provision clearly goes to show that if at the time of coming into force of the Act, 2013, award has not been prepared, then, the compensation shall be determined on the basis of new Act, 2013. Furthermore, section 25 of the Act, 2013 says that the Collector shall make an award within a period of 12 months from the date of publication of the declaration under section 19 and if no award Patna High Court CWJC No.7814 of 2015 (3) dt.29-03-2017 2 is made within that period, the entire proceedings of the Land Acquisition shall lapse. The combined reading of sections 11 of Land Acquisition Act and sections 24 and 25 of the Act,2013 goes to show that it is mandatory that the award must be prepared within 12 months from the declaration made under section 19 of the Act, 2013. Furthermore, it is obvious from the aforesaid provision that if the notification has been issued under the Old Act, 1894, and if at the time of coming into force of the Act, 2013, award has not been prepared, then, in that circumstance, it shall be deemed that notification has been issued under the Act, 2013. Section 25 of the Act, 2013 makes it mandatory that the award must be prepared within 12 months from the date of publication. Therefore, it is obvious that the notification issued under old Act shall be deemed to have been issued under the Act, 2013, if the award has not been prepared at the time of coming into force of the Act, 2013 and as per section 25 of the Act, 2013, the award must be prepared within 12 months from the date of coming into force of the Act, 2013. However, proviso has also been annexed with section 25 of the Act, 2013 and the said proviso says that government shall have power to extend the period of 12 months if, in its opinion, circumstances exist justifying the same but one rider has been imposed upon the aforesaid proviso that any decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned.
In the present case, it would appear from annexure 3 to the rejoinder to the counter affidavit that the award was prepared some time in the year 2017 i.e. after 3 years of coming into force of the Act, Patna High Court CWJC No.7814 of 2015 (3) dt.29-03-2017 3 2013.
Learned AC to AG appearing for the State seeks some time to verify this fact as to whether the proviso annexed with section 25 of the Act, 2013 has been complied with or not.
However, in view of prayer of learned AC to AG, let this matter be listed after four weeks under the heading for admission and in the meantime, learned AC to AG must verify the aforesaid facts and bring relevant facts on record by filing supplementary counter affidavit. It is made clear that in the meantime, possession of the petitioners shall not be disturbed till further order of this court.
shahid (Hemant Kumar Srivastava,J) U T