2012 acquisition act will not apply for land acquired under old law: Allhabad HC

Petition

The Petitioner claims to be Bhumidhar with transferable rights of plot no.424/1 area 1 bigha & 10 biswa and plot no.424/2 area 5 biswa situated in Village Jhunsi Kohna, Pargana Jhunsi, Tehsil Phoolpur District Prayagraj.

Observation

1. The contention of Counsel for the Petitioner  that Section 24 (2) of the Act, 2013 would be applicable to the acquisitions made under the Adhiniyam, 1965 cannot be accepted.

2. The acquisition proceedings were not stayed by the Court, therefore, the land acquisition proceeding must have been culminated/ formalised and the award must have been passed.

3.In the circumstances, once the award has been made, it was not open for the Petitioner to challenge the notification under Section 28 of the Adhiniyam, 1965 and the impugned notice which is analogous provisions to Section 4 of the LA Act.

Held

The Division Bench of Justice MC Tripathi and Justice SK Pachauri stated that the provisions of the New Acquisition Act 2013 will not apply to the land acquired under the old Land Acquisition Act. If the land has been acquired under the old law, then relief cannot be sought under the provisions of the new law.

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