Limitation for land acquisition awards under the 2013 Act runs from commencement, with court-stay periods excluded from computation.

In saved acquisition proceedings under Section 24(1)(a) of the 2013 land acquisition law, Section 25 was treated as governing the time-limit for making the award, with the limitation period running from 1 January 2014, the Act's commencement. A court-ordered stay affecting the relevant notification had to be excluded from computation because authorities cannot be faulted for delay caused by judicial restraint, and the exclusion extended the permissible period for making the award. On that basis, the award was found to be within time and the acquisition proceedings were held not to have lapsed; the challenge to the award therefore failed.

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Issues: (i) Whether Section 25 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 applies to awards made under Section 24(1)(a) of that Act, and from what date the period of limitation begins to run; (ii) whether the period during which a court order stayed the relevant notification must be excluded while computing limitation under Section 25; (iii) whether the subject award was made within time and whether the acquisition proceedings had lapsed.

Issue (i): Whether Section 25 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 applies to awards made under Section 24(1)(a) of that Act, and from what date the period of limitation begins to run.

Analysis: Section 24(1)(a) preserves pending acquisition proceedings initiated under the 1894 Act where no award had been made by the date of repeal, while directing that the provisions of the 2013 Act relating to determination of compensation would apply. The expression "all the provisions relating to determination of compensation" was construed broadly, and Section 25, being the provision fixing the outer time-limit for making an award, was held to be part of that scheme. Section 11A of the 1894 Act was not treated as governing such awards after repeal. Since Section 25 refers to publication of a notification under Section 19, the corresponding starting point in saved proceedings under Section 24(1)(a) was fixed as the commencement of the 2013 Act.

Conclusion: Section 25 applies to awards under Section 24(1)(a), and the limitation period begins on 1 January 2014.

Issue (ii): Whether the period during which a court order stayed the relevant notification must be excluded while computing limitation under Section 25.

Analysis: The Court applied the same interpretive principle used for exclusion of time under acquisition law when the authorities are prevented by a court order from proceeding. A period during which an interim order inhibits action by the authorities cannot be counted against them, because the law does not require performance of the impossible and a litigant should not gain advantage from a court-induced impossibility. The stay operating in relation to the multiplier notification therefore had to be excluded while computing the twelve-month period under Section 25.

Conclusion: The stay period had to be excluded, and the relevant limitation stood extended by that period.

Issue (iii): Whether the subject award was made within time and whether the acquisition proceedings had lapsed.

Analysis: On exclusion of the stay period, the award could validly be made up to 20 March 2015. The Court held that the material relied upon by the landowners did not justify a conclusion that the award remained unmade beyond that extended date. Even assuming discrepancies in the date or backdating, the award was still found to have been made within the permissible period. Accordingly, the ground of lapse under Section 25 failed, and the declaration that the acquisition proceedings had lapsed could not stand.

Conclusion: The award was valid, and the acquisition proceedings had not lapsed.

Final Conclusion: The impugned judgment was set aside, the acquisition was upheld, and the challenge to the award failed.

Ratio Decidendi: In saved acquisition proceedings under Section 24(1)(a) of the 2013 Act, the limitation for making the award is governed by Section 25 of the 2013 Act from the Act's commencement, and any period during which a court order prevents the authorities from proceeding must be excluded from computation.

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