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therein. The expression "physical possession" in sub-

section (2) makes it clear that mere formal possession is not sufficient. Actual physical possession is necessary to take the case out of the ambit of Section 24(2) of the RFCT Act. In other words, if "physical CWP-6652-2014, etc. - 30 -

However, physical possession it must be to take the case out of the ambit of Section 24(2) of the RFCT Act.

CWP-6652-2014, etc. - 31 -

COMPUTATION OF THE FIVE YEARS PERIOD IN SECTION 24(2) - WHETHER PERIOD OF STAY OF PROCEEDINGS TO BE EXCLUDED?

40. The respondents contended that while computing the period of five years under Section 24(2) of the RFCT Act, the period during which a stay has been in operation restraining the respondents from taking physical possession of the land must be excluded. Mr. Amar Vivek contended that it would be unfair in the extreme to visit the Government and the acquiring body with the drastic consequence of lapse of the acquisition proceedings under the L.A. Act for no fault of theirs.

In Rajiv Chowdhrie HUF v. Union of India and Ors., 2014 SCC OnLine SC 990, the Supreme Court followed the above decision on this issue.

42. In the circumstances, while calculating the period of five years stipulated in Section 24(2) of the RFCT Act, the period during which a stay was in operation cannot be excluded.

CWP-6652-2014, etc. - 35 -

EFFECT OF THE SECOND PROVISO TO SECTION 24(2) ADDED BY THE ORDINANCE OF 2014.

43. This brings us to the amendment to Section 24(2). The second proviso was added to Section 24(2) by clause-6 of the Ordinance of 2014. The respondents contend that by virtue of this amendment the period during which the proceedings for acquisition were held up on account of any stay or injunction issued by any court is to be excluded while computing the period of five years referred to in sub-section (2) of Section 24 of the RFCT Act.