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Head Note

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013  - Section 24 (2)

Land Acquisition Proceedings - Lapse of Proceedings - Each and every deeming operation under Section 24(2) requires unambiguously and unvaryingly that a factual conclusion be drawn about the passing of the Award under Section 11, of the 1894 Act, on or before 01.01.2009; further, the absence of compensation having been paid or the absence of possession having been taken by the acquirer, either of these, must be a proven point of fact, as a threshold requirement attracting the lapse - Appeals do not unambiguously answer these indispensable queries, which inarguably must precede any declaration of lapse of acquisition under Section 24(2) of the Act - Land owners permitted to initiate appropriate proceedings in the proper forum/court, seeking the benefit of Section 24 of the 2013 Act.

Topic(s)-Land Acquisition - Lapse of Proceedings