Case: Govt. Of Nct Of Delhi  Vs. Mahender Singh

for acquisition of the particular land for which an award under Section 11 of the 1894 Act had to be passed. Section 11 has to be preceded by a notice under Section 9 of the said Act to the persons interested in the land to be acquired. Section 9 of the 1894 Act reads as follows: "9. Notice to persons interested.-(1) The Collector shall then cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensation for all interests in such land may be made to him.(2) Such notice shall state the particulars of the land so needed, and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, and their objections (if any) to the measurements made under section 8. The Collector may in any case require such statement to be made in writing and signed by the party or his agent.(3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situate.(4) In case any person so interested resides elsewhere, and has no such agent the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place of business and 37 [registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898)]." 10. Under the scheme of acquisition, an award under Section 11 has to be passed in respect of each land owned by a person/persons interested. Therefore, what is lapsed under Section 11A is not the entire land as declared under Section 6 but the particular land belonging to person/persons in whose favour an award under Section 11 had to be passed within two years of the declaration under Section 6 of the 1894 Act. 11. Effect of lapse under Section 11A was subject matter of many decisions of this Court. In Laxman Pandya and others v. State of Uttar Pradesh and others, (2011) 14 SCC 94 , Mulchand Khanumal Khatri v. State of Gujarat and others, (2012) 5 SCC 365 , Singareni Collieries Company Limited v. Vemuganti Ramakrishan Rao and others, (2013) 8 SCC 789 , etc., this Court has consistently taken the view that the lapse is limited only to the land covered by the particular award(s). 12. Section 24(2) of the 2013 Act also deals with a similar situation of lapse. The provision reads as follows: "24. xxxx xxxx xxxx xxxx(2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 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 holding 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." 13. The crucial difference between lapse under Section 11A of the 1894 Act and that under Section 24(2) of the 2013 Act is that the former is a pre-award situation whereas the latter is post-award. In other words, what gets lapsed under Section 11A of the 1894 Act is the ... "entire proceedings for the acquisition of the land", whereas, under Section 24(2) of the 2013 Act, what gets lapsed is the land acquisition proceedings initiated under The Land Acquisition Act, 1894 which has culminated in passing of an award under Section 11 but where either possession is not taken or compensation not paid within five years prior to 01.01.2014. 14. The land acquisition proceedings referred under Section 24 (2) of the 2013 Act would include the steps for taking physical possession of the land and payment of compensation, as held by this Court in Delhi Development Authority v. Sukhbir Singh, 2016 (8) SCALE 655. 15. Since the lapse under Section 24(2) of the 2013 Act is post-award, that would affect only the land referred to in the award and not the entire lands covered by the Section 4(1) notification under which the proceedings for acquisition were initiated. Therefore, the ratio in Om Prakash (supra) is of no avail to the appellants.16. In the case before us, there is no dispute on facts that after passing the award under Section 11 of the 1894 Act, no compensation has been paid and the possession also has not been taken within five years prior to 01.01.2014. Therefore, Section 24(2) of the 2013 Act has to operate, and the acquisition proceedings in respect of respondents lands where award under Section 11 of the 1894 Act had been passed, have lapsed. 17. However, the declaration as above and the consequent dismissal of this appeal is without prejudice to the liberty available to the appellants to initiate proceedings afresh for the acquisition of the subject land under the provisions of the 2013 Act.

Court's decision (1 = petition accepted / positive for appellant, 0 = rejected / negative): 1

Reasoning from the judgment:
1[ds]13. The crucial difference between lapse under Section 11A of the 1894 Act and that under Section 24(2) of the 2013 Act is that the former is a pre-award situation whereas the latter is post-award. In other words, what gets lapsed under Section 11A of the 1894 Act is the ... "entire proceedings for the acquisition of the land", whereas, under Section 24(2) of the 2013 Act, what gets lapsed is the land acquisition proceedings initiated under The Land Acquisition Act, 1894 which has culminated in passing of an award under Section 11 but where either possession is not taken or compensation not paid within five years prior to 01.01.2014.Since the lapse under Section 24(2) of the 2013 Act is post-award, that would affect only the land referred to in the award and not the entire lands covered by the Section 4(1) notification under which the proceedings for acquisition were initiated. Therefore, the ratio in Om Prakash (supra) is of no avail to the appellants.16. In the case before us, there is no dispute on facts that after passing the award under Section 11 of the 1894 Act, no compensation has been paid and the possession also has not been taken within five years prior to 01.01.2014. Therefore, Section 24(2) of the 2013 Act has to operate, and the acquisition proceedings in respect of respondents lands where award under Section 11 of the 1894 Act had been passed, have lapsed.