The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 24Chapter IV · Notification and Acquisition
Section 24 · Land acquisition process under Act No. 1 of 1984 shall be deemed to have lapsed in certain cases
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(1) Notwithstanding anything contained in this Act, in any case of land acquisition
proceedings initiated under the Land Acquisition Act, 1894,--
(a) where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or
(b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.
(2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:
Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.
STATE AMENDMENTS
Andhra Pradesh
In the Principal Act, in section 24, in sub-section (2), ---
(1) in the existing proviso, for the expression where an award has been made the expression where the said award has been made 5 years or more prior to the commencement of this Act shall be substituted;
(2) after the existing proviso, the following proviso shall be added, namely:--
Provided further that in computing the period referred to in this sub-section, any period or periods during which the proceedings for acquisition of the land were held up on account of any order, stay, suspension or injunction issued by any Court or the period specified in the award of a Tribunal for taking possession or such period where possession has been taken but the compensation is lying deposited in a Court or in any designated account maintained for this purpose, shall be excluded.
[Vide Andhra Pradesh Act 22 of 2018, sec. 5 (w.e.f. 1-1-2014).]
Maharashtra
In section 24 of the principal Act, in sub-section (2), after the proviso, the following proviso shall be added, namely:--
Provided further that, in computing the period referred to in this sub-section, any period or periods during which the proceedings for acquisition of the land were held up on account of any stay or injunction issued by any court or the period specified in the award of a Tribunal for taking possession or such period where possession has been taken but the compensation is lying deposited in a court or in any designated account maintained for this purpose on account of refusal or not coming forward for receiving compensation despite receipt of such notice under sub-section (2) of section 12 of the Land Acquisition Act, 1894 (I of 1894), shall be excluded. Also if the said land is mutated within three years after passing the award in the name of acquiring body, it shall be deemed that the possession of the land has been taken.
[Vide Maharashtra Act 37 of 2018, sec. 5 (26-4-2018).]
Haryana
In section 24 of the principal Act,-
(i) after sub-section (1), the following Explanation shall be inserted, namely:-
Explanation.-For the purpose of this sub-section, a land acquisition proceeding shall be deemed to have been initiated under the Land Acquisition Act, 1894 (Central Act 1 of 1894) where notification under section 4 of the said Act has been published in any form under sub-section (1) of the said section.
(ii) in sub-section (2),-
(a) the word physical shall be omitted;
(b) for the word “or” occurring after the words “possession of the land has not been taken”, the word “and” shall be substituted;
(c) in the proviso, for the sign “.”existing at the end, the sign “:” shall be substituted; and
(d) after the existing proviso, the following proviso shall be added at the end, namely:-
Provided further that in computing the period referred to in this sub-section, any period during which the proceedings for acquisition of the land were held up on account of any stay or injunction issued by order of any court, shall be excluded:
Provided further that the entry in rapat roznamcha regarding taking or handing over possession recorded by the Land Acquisition Officer or Revenue Official shall be treated as possession taken for all intents and purposes.
[Vide Haryana Act 21 of 2018, sec. 2 (9-5-2018).]
(a) where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or
(b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.
(2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:
Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.
STATE AMENDMENTS
Andhra Pradesh
In the Principal Act, in section 24, in sub-section (2), ---
(1) in the existing proviso, for the expression where an award has been made the expression where the said award has been made 5 years or more prior to the commencement of this Act shall be substituted;
(2) after the existing proviso, the following proviso shall be added, namely:--
Provided further that in computing the period referred to in this sub-section, any period or periods during which the proceedings for acquisition of the land were held up on account of any order, stay, suspension or injunction issued by any Court or the period specified in the award of a Tribunal for taking possession or such period where possession has been taken but the compensation is lying deposited in a Court or in any designated account maintained for this purpose, shall be excluded.
[Vide Andhra Pradesh Act 22 of 2018, sec. 5 (w.e.f. 1-1-2014).]
Maharashtra
In section 24 of the principal Act, in sub-section (2), after the proviso, the following proviso shall be added, namely:--
Provided further that, in computing the period referred to in this sub-section, any period or periods during which the proceedings for acquisition of the land were held up on account of any stay or injunction issued by any court or the period specified in the award of a Tribunal for taking possession or such period where possession has been taken but the compensation is lying deposited in a court or in any designated account maintained for this purpose on account of refusal or not coming forward for receiving compensation despite receipt of such notice under sub-section (2) of section 12 of the Land Acquisition Act, 1894 (I of 1894), shall be excluded. Also if the said land is mutated within three years after passing the award in the name of acquiring body, it shall be deemed that the possession of the land has been taken.
[Vide Maharashtra Act 37 of 2018, sec. 5 (26-4-2018).]
Haryana
In section 24 of the principal Act,-
(i) after sub-section (1), the following Explanation shall be inserted, namely:-
Explanation.-For the purpose of this sub-section, a land acquisition proceeding shall be deemed to have been initiated under the Land Acquisition Act, 1894 (Central Act 1 of 1894) where notification under section 4 of the said Act has been published in any form under sub-section (1) of the said section.
(ii) in sub-section (2),-
(a) the word physical shall be omitted;
(b) for the word “or” occurring after the words “possession of the land has not been taken”, the word “and” shall be substituted;
(c) in the proviso, for the sign “.”existing at the end, the sign “:” shall be substituted; and
(d) after the existing proviso, the following proviso shall be added at the end, namely:-
Provided further that in computing the period referred to in this sub-section, any period during which the proceedings for acquisition of the land were held up on account of any stay or injunction issued by order of any court, shall be excluded:
Provided further that the entry in rapat roznamcha regarding taking or handing over possession recorded by the Land Acquisition Officer or Revenue Official shall be treated as possession taken for all intents and purposes.
[Vide Haryana Act 21 of 2018, sec. 2 (9-5-2018).]
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