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Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether the land acquisition proceedings had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 because the award had been made more than five years before commencement of the Act and neither possession had been taken nor compensation paid.
Analysis: The acquisition had been initiated under the Land Acquisition Act, 1894 and an award had been made years before the 2013 Act came into force. The record showed that physical possession of the land had not been taken from the petitioners and compensation had not been paid to them. In such circumstances, the statutory conditions for the deeming provision under Section 24(2) were satisfied, attracting the legal fiction of lapse of the earlier acquisition proceedings.
Conclusion: The land acquisition proceedings stood deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, in favour of the petitioners.
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