The Supreme court passed an order in the case of Executive Engineer, Gosikhurd Project Ambadi, Bhandara, Maharashtra Vidarbha Irrigation Development Corporation v.Mahesh A, and it has held that the two year period prescribed under the Land Acquisition Act 1894 for the lapse of land acquisition proceedings for not delivering the award will not apply to an award passed after the notification of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The bench comprising Justices AM Khanwilkar and Sanjiv Khanna observed that practical absurdities and anomalies might arise if the two-year period for making of an award in terms of Section 11A of the Land Acquisition Act 1894 commencing from the date of issue of the declaration is applied to the awards to be made under Section 24(1)(a) of the 2013 Act.
The issue that the Apex court had to consider was whether the two-year period specified under Section 11A of the Land Acquisition Act, 1894 would apply even after the repeal of the 1894 Act or the twelve-month period specified in Section 25 of the 2013 Act would apply for the awards made under clause (a) of Section 24(1) of the 2013 Act.
The court, therefore, disposed of the appeals by concluding Section 25 of the 2013 Act to apply to the awards made and publishedunder Section 24(1)(a) of the 2013 Act.The limitation period for passing/making of an award under Section 24(1)(a) in terms of Section 25 of the 2013 Act commenced from January 1 2014, and the period during which the Court order would inhibit action on the part of the authorities to proceed with the making of the award would beexcluded while computing the period under Section 25 of the 2013 Act.Accordingly, the period of 79 days from May 26 2014.Hence, the concerned award was valid.
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