Liyakat Ali Khan S/O Shree Shokat Ali … vs State Of Rajasthan on 8 July, 2026

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    Rajasthan High Court – Jaipur

    Liyakat Ali Khan S/O Shree Shokat Ali … vs State Of Rajasthan on 8 July, 2026

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              HIGH COURT OF JUDICATURE FOR RAJASTHAN
                          BENCH AT JAIPUR
    
                 (1) S.B. Civil Review Petition No. 66/2019
                          URN: WRW / 81U / 2019
                                       In
                   S.B. Civil Writ Petition No. 4793/2017
    
    Dinesh Chourasiya S/o Sh. Jagdish Narayan Chourasiya, Aged
    About 51 Years, Resident Of Raghunath Puri, Taktha, Tonk,
    Rajasthan.
                                                                         ----Petitioner
                                         Versus
    1.       State Of Rajasthan, Through The Secretary, Department Of
             Urban Development And Housing, Government, Secretariat,
             Jaipur, (Raj.)
    2.       Court Of Special Officer, Department Of Urban Development
             And Housing, Rajasthan Housing Board, Jaipur, Rajasthan.
    3.       Rajasthan Housing Board, Through Assistant Engineer, Tonk
             (Raj.)
                                                                      ----Respondents
                                   Connected With
                (2) S. B. Civil Writ Petition No. 13319/2021
                         URN: CW / 29386U / 2021
    1.       Liyakat Ali Khan S/o Shree Shokat Ali Khan, Aged About 65
             Years, Resident Of Bada Kua Devli, Ward No 17, Tonk,
             District Tonk.
    2.       Firoz Khan Son Of Mohamad Fayaj, Aged About 35 Years,
             Resident Of Nayako Ka Mohalla, Talkatora, Tonk, Tehsil And
             District Tonk.
                                                                        ----Petitioners
                                         Versus
    1.       State Of Rajasthan, Through Its Principal Secretary Urban
             Development And Housing Department, Government Of
             Rajasthan, Secretariat, Jaipur.
    2.       Dy. Secretary (Administration), Urban Development And
             Housing Department, Secretariat, Jaipur.
    3.       Authorized Officer Cum Land Acquisition Officer, Rajasthan
             Housing Board, Janpath, Jaipur.
    4.       Rajasthan Housing Board, Through Its Commissioner, Jyoti
             Nagar, Jaipur.
                                                                      ----Respondents
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                 (3) S. B. Civil Writ Petition No. 4179/2025
                           URN: CW / 10605U / 2025
    1.       Fayyaz Kha Son Of Shri Mohammad Iliyas Khan, Aged About
             66 Years, Resident Of Nayako Ka Mohalla, Tal Katora, Tonk
             (Raj.)
    2.       Munna Miya Alias Aizaz Son Of Shri Iliyas Khan, Aged About
             58 Years, Resident Of Nayako Ka Mohalla, Tal Katora, Tonk
             (Raj.)
    3.       Aasiya Wife Of Shri Gulzar, Aged About 48 Years, Resident
             Of Nayako Ka Mohalla, Tal Katora, Tonk (Raj.)
    4.       Nadeem Miya Son Of Shri Mehboob Khan, Aged About 28
             Years, Resident Of Talab Ke Andar, Talk Katora, Tonk (Raj.)
    5.       Farman Son Of Shri Gulzar, Aged About 21 Years, Resident
             Of Shivaji Nagar, Kampu, Tonk (Raj.)
    6.       Bibi Alias Jamila Wife Of Shri Kalu Khan, Aged About 60
             Years, Resident Of Maholla Tal Katora, Tonk (Raj.)
    7.       Mukhtar Son Of Shri Iliyas Khan, Aged About 55 Years,
             Resident Of Sohrab Khan Ki Haveli Ke Pass, Mohallah Talk
             Katora, Tonk (Raj.)
    8.       Muskan Wife Of Shri Wahid, Daughter Of Shri Gulzar, Aged
             About 29 Years, Resident Of Ward No. 18, Taj Colony, Tonk
             (Raj.)
    9.       Mustak Son Of Iliyas, Aged About 56 Years, Resident Of
             Shivaji Nagar, Kampu, Tonk (Raj.)
    10.      Rayis Miya Alias Raees, Son Of Shri Mehboob Khan, Aged
             About 48 Years, Resident Of Nayako Ka Kuan, Tal Katora,
             Ward No. 16, Tonk (Raj.)
    11.      Roman Son Of Shri Gulzar, Aged About 15 Years, Resident
             Of Mev Nagar, Deoli Road, Jagdamba Chatrawas Ke Samne,
             Tonk (Raj.) (Minor) Through Gulzar Khan
    12.      Sofiya Daughter Of Shri Gulzar, Aged About 13 Years,
             Resident Of Mev Nagar, Deoli Road, Jagdamba Chatrawas Ke
             Samne, Tonk (Raj.) (Minor) Through Gulzar Khan
    
    
    13.      Gulzar Khan Son Of Shri Mohammad Iliyas Khan, Aged
             About 66 Years, Resident Of Nayako Ka Mohalla, Tal Katora,
             Tonk (Raj.)
    14.      Shahzad Khan Son Of Shri Iliyas Khan, Aged About 60
             Years, Resident Of Shivaji Nagar, Kampu, Tonk (Raj.)
    
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    15.      Habib Alias Habib Mehboob Son Of Shri Mehboob Khan,
             Aged About 41 Years, Resident Of Tal Katora, Tonk (Raj.)
             Petitioner No. 1 To 14 Are The Khatedar In Khasra No. 62,
             65, 67 And 88 In The Village Sevarampura, District-Tonk
             (Raj.) Area About 5 Bhiga And 01 Biswa, 4 Bhiga And 19
             Biswa, 1 Bhiga And 13 Biswa, And 5 Bibha And 11 Biswa.
             (Khata No. 35 New, Khata No. 26 Old)
    16.      Mehboob Khan Son Of Shri Jahur Khan, Aged About 60
             Years, Resident Of Talab Ke Andar, Talk Katora, Tonk (Raj.)
                                                                             ----Petitioners
                                             Versus
    1.       State       Of    Rajasthan,           Through          Principal      Secretary,
             Department          Of      Urban        Development           And       Housing
             Government, Secretariat, Jaipur (Raj.)
    2.       Special Officer, Department Of Urban Development And
             Housing, Rajasthan Housing Board, Jaipur (Raj.)
    3.       Rajasthan Housing Board, Through Secretary, Tonk (Raj.)
                                                                          ----Respondents
                 (4) S. B. Civil Writ Petition No. 4209/2025
                              URN: CW / 10655U / 2025
    Mohammad Shafik Alias Nagin Son Of Shri Najeer Mohammad,
    Aged About 65 Years, (Khatedar-Khasra No. 68) Resident Of
    Nayabo Ka Mahola, Tal Katora, Tonk (Raj.)
                                                                                 ----Petitioner
                                             Versus
    1.       State       Of    Rajasthan,           Through          Principal      Secretary,
             Department          Of      Urban        Development           And       Housing
             Government, Secretariat, Jaipur (Raj.)
    2.       Special Officer, Department Of Urban Development And
             Housing, Rajasthan Housing Board, Jaipur (Raj.)
    3.       Rajasthan Housing Board, Through Secretary, Tonk (Raj.)
                                                                          ----Respondents
                 (5) S. B. Civil Writ Petition No. 7566/2025
                              URN: CW / 17487U / 2025
    1.       Bibi Alias Jamila Wife Of Late Shri Kalu Khan, Aged About
             70 Years, Resident Of Maholla Tal Katora, Tonk (Raj.)
    2.       Mehboob Kha Son Of Jahur Kha, Aged About 99 Years,
             Resident Of Talab Ke Andar, Talkatora, Tonk (Raj.) Both
    
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             Khatedar Khasra No. 63, 64 And 66
                                                                           ----Petitioners
                                            Versus
    1.       State Of Rajasthan, Through Chief Secretary Secretariat,
             Jaipur (Raj.)
    2.       State Of Rajasthan Through Principal Secretary, Department
             Of     Urban     Development               And     Housing     Government,
             Secretariat, Jaipur (Raj.)
    3.       Special Officer, Department Of Urban Development And
             Housing, Rajasthan Housing Board, Jaipur (Raj.)
    4.       Rajasthan Housing Board, Through Secretary, Tonk (Raj.)
                                                                         ----Respondents
                    (6) S. B. Review Petition No. 70/2019
                             URN: WRW / 85U / 2019
                                               In
                    S. B. Civil Writ Petition No. 4792/2017
    Manish Gotwal S/o Dinesh Bairwa, Aged About 31 Years, Resident
    Of Dhanna Talai, Tonk, Rajasthan
                                                                            ----Petitioner
                                            Versus
    1.       State Of Rajasthan, Through The Secretary, Department Of
             Urban Development And Housing Government, Secretariat,
             Jaipur (Raj.)
    2.       Court Of Special Officer, Department Of Urban Development
             And Housing, Rajasthan Housing Board, Jaipur, Rajasthan
    3.       Rajasthan Housing Board, Through Assistant Engineer, Tonk
             (Raj.)
                                                                         ----Respondents
                  (7) S. B. Civil Writ Petition No. 14081/2021
                            URN: CW / 30957U / 2021
    1.       Shahzad Khan S/o Late Ilyaz Khan, Aged About 57 Years,
             Resident Of Shivaji Nagar Kampu, Tonk Rajasthan
    2.       Munna Miyan S/o Late Ilyaz Khan, Aged About 55 Years,
             Resident Of Talkatora, Tonk, Tehsil And District Tonk
             Rajasthan.
    3.       Jameela @ Bibi W/o Kalu Khan, Aged About 67 Years,
             Resident Of Talkatora, Tonk, Tehsil And District Tonk
             Rajasthan.
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    4.       Fayyaz Khan S/o Late Mohamad Ilyaz, Aged About 63 Years,
             Resident Of , Nayko Ka Mohalla, Talkatora, Tonk, Tehsil And
             District Tonk Rajasthan
    5.       Mukhtar S/o Late Ilyas Khan, Aged About 51 Years,
             Resident Of Shorab Khan Ke Haveli Ke Paas, Mohalla
             Talkatora, Tonk, Tehsil And District Tonk Rajasthan
    6.       Mushtak S/o Late Ilyaz Khan, Aged About 52 Years,
             Resident Of Shivaji Nagar Kampu, Tonk Rajasthan
    7.       Mehboob Kha S/o Zahoor Khan, Aged About 66 Years,
             Resident Of Talab Ke Andar, Talkatora, Tonk, Tehsil And
             District Tonk Rajasthan
                                                                        ----Petitioners
                                         Versus
    1.       State Of Rajasthan, Through Its Principal Secretary, Urban
             Department And Housing Department , Govt. Of Rajasthan,
             Secretariat, Jaipur.
    2.       Dy. Secretary (Administration), Urban Department And
             Housing Department, Secretariat, Jaipur.
    3.       Authorized Officer Cum Land Acquisition Officer, Rajasthan,
             Jaipur, Rajasthan Housing Board, Janpath, Jaipur.
    4.       Rajasthan Housing Board, Through Its Commissioner, Jyoti
             Nagar, Jaipur.
                                                                      ----Respondents
                  (8) S. B. Civil Writ Petition No. 283/2022
                           URN: CW / 596U / 2022
    1.       Abdul Gani S/o Gulab Khan, Aged About 53 Years, Resident
             Of Village Lamba, Tonk Rajasthan
    2.       Faisal S/o Fayyaj, R/o Plot No 115 And 118, Jyotinagar
             Nagar, Sevakrampura, Tonk. Rajasthan.
    3.       Moinuddin S/o Sirajuddin, R/o Plot No.104 Jyotinagar Nagar,
             Sevakrampura, Tonk. Rajasthan.
    4.       Jaswant Singh Naruka S/o Samudr Singh Naruka, R/o Plot
             No 100, Jyotinagar Nagar, Sevakrampura, Tonk. Rajasthan.
    5.       Om Prakash Sahoo S/o Jagdish Narayan, R/o Plot No.102,
             Jyotinagar Nagar, Sevakrampura, Tonk. Rajasthan.
    6.       Asha Ram Gurjar S/o Shyonarayan Gurjar, R/o Main Bazar
             Banjari, Fuleta, Bajari, Tonk
                                                                        ----Petitioners
    
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                                            Versus
    1.       State Of Rajasthan, Through Its Principal Secretary, Urban
             Department And Housing Department , Govt. Of Rajasthan,
             Secretariat, Jaipur.
    2.       Dy. Secretary (Administration), Urban Department And
             Housing Department, Secretariat, Jaipur.
    3.       Authorized Officer Cum Land Acquisition Officer, Rajasthan,
             Jaipur, Rajasthan Housing Board, Janpath, Jaipur.
    4.       Rajasthan Housing Board, Through Its Commissioner, Jyoti
             Nagar, Jaipur.
                                                                         ----Respondents
                 (9) S. B. Civil Writ Petition No. 3344/2022
                             URN: CW / 6396U / 2022
    Ram Kishan Gothwal S/o. Chandalal Gothwal, Aged About 46 Years,
    Resident Of 26-A, Gopi Nagar, Near Sanganer Railway Station, 80
    Feet Road, Sanganer, Jaipur District Jaipur (Raj.)
                                                                            ----Petitioner
                                            Versus
    1.       State Of Rajasthan, Through The Secretary, Department Of
             Urban Development And Housing Government, Secretariat,
             Jaipur (Raj.)
    2.       Court Of Special Officer, Department Of Urban Development
             And Housing, Rajasthan Housing Board, Jaipur, Rajasthan.
    3.       Rajasthan Housing Board, Through Assistant Engineer, Tonk
             (Raj.)
                                                                         ----Respondents
               (10) S. B. Civil Writ Petition No. 15970/2022
                         URN: CW / 32166U / 2022
    Petitioner:-
    Rajesh Nayak S/o Sh. Lakshmi Narayan Nayak, Aged About 40
    Years, R/o Talkatora Tonk Rajasthan
                                            Versus
    Respondents:-
    1.       State Of Rajasthan, Through Secretary Department Of
             Urban Development And Housing Govt. Secretariat Jaipur
             Rajasthan
    2.       Court Of Special Officer, Department Of Urban Development
             And Housing Rajasthan Housing Board Jaipur Rajasthan
    
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    3.       Rajasthan Housing Board, Through Assistant Engineer Tonk
               (11) S. B. Civil Writ Petition No. 17693/2022
                              URN: CW / 35709U / 2022
    1.       Kailashi Devi Sahu W/o Sarwan Lal Sahu, Aged About 60
             Years, Resident Of Plot No 98 A Shastri Nagar Tonk At
             Presnt Plot No. 182 Jyoti Nagar, Devli Road Tonk Rajasthan.
    2.       Shikhar Chand Jain Son Of Puran Mal Jain, Resident Of E 7
             Adarsh Nagar Tonk Road, Tonk At Present Plot No. 7 And
             236 Jyoti Nagar, Devli Road Tonk Rajasthan.
                                                                               ----Petitioners
                                              Versus
    1.       State Of Rajasthan, Through Principal Secretary Urban
             Improvement Department, Govt. Of Rajasthan, Secretariat,
             Jaipur.
    2.       Dy.     Secretary         (Administration),             Urban        Improvement
             Department Cum               Land      Acquisition        Officer,    Secretariat,
             Jaipur.
    3.       Authorized Officer, Urban Improvement And Housing Board
             Department, Rajasthan, Jaipur, At Present Office Rajasthan
             Housing Board, Janpath, Jaipur.
    4.       Rajasthan Housing Board, Through Its Chairman, Jaipur.
                                                                             ----Respondents
                (12) S. B. Civil Writ Petition No. 7297/2024
                              URN: CW / 14978U / 2024
    1.       Anita Devi W/o Shri Sanjay Kumar Jain,
    2.       Smt. Munni Devi W/o Nandlal Ji Jain,
             Both Resident Of Adarsh Nagar, Tonk (Raj.) Through Their
             Power Of Attorney Holder Sanjay Jain S/o Shri Nand Lal
             Jain, Aged 44 Years, Resident Of Adarsh Nagar, Tonk (Raj.)
                                                                               ----Petitioners
                                              Versus
    1.       State       Of   Rajasthan,        Through        The     Principal    Secretary,
             Department           Of      Urban        Development            And     Housing
             Government, Secretariat, Jaipur (Raj.)
    2.       Court Of Special Officer, Department Of Urban Development
             And Housing, Rajasthan Housing Board, Jaipur, Rajasthan.
    3.       Rajasthan Housing Board, Through Assistant Engineer, Tonk
             (Raj.).
    
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                                                                          ----Respondents
                (13) S. B. Civil Writ Petition No. 4176/2025
                              URN: CW / 10599U / 2025
    1.       Firoz Khan Son Of Shri Mohammad Iliyas, Aged About 41
             Years, Resident Of Nayako Ka Mahollah, Tal Katora, Tonk
             (Raj.)
    2.       Faisal Khan Son Of Shri Mohammad Iliyas, Aged About 27
             Years, Resident Of Nayako Ka Mahollah, Tal Katora, Tonk
             (Raj.) (Khatedar Khasra No. 126, Village- Sevarampura,
             Tonk (Raj.)
                                                                             ----Petitioners
                                             Versus
    1.       State       Of    Rajasthan,           Through          Principal      Secretary,
             Department          Of      Urban        Development           And       Housing
             Government, Secretariat, Jaipur (Raj.).
    2.       Special Officer, Department Of Urban Development And
             Housing, Rajasthan Housing Board, Jaipur (Raj.)
    3.       Rajasthan Housing Board Through Secretary, Tonk (Raj.)
                                                                          ----Respondents
                (14) S. B. Civil Writ Petition No. 7565/2025
                              URN: CW / 17483U / 2025
    Shri Suraj Mal Sahu Son Of Shri Rameshwar Sahu, Aged About 57
    Years, Resident Of Rameshvar Halwai, Panch Batti, Tonk, (Raj.)
    304001
                                                                                 ----Petitioner
                                             Versus
    1.       State Of Rajasthan, Through Chief Secretary, State Of
             Rajasthan, Jaipur.
    2.       State       Of    Rajasthan,           Through          Principal      Secretary,
             Department          Of      Urban        Development           And       Housing
             Government, Secretariat, Jaipur (Raj.)
    
    
    3.       Land Acquisition Officer, Department Of Urban Development
             And Housing, Rajasthan Housing Board, Jaipur (Raj.)
    4.       Rajasthan Housing Board, Through Secretary, Tonk (Raj.)
                                                                          ----Respondents
    
    
    
    
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                  (15) S. B. Civil Writ Petition No. 7567/2025
                                URN: CW / 17489U / 2025
      Prakash Sahu Son Of Shri Suraj Mal Sahu, Resident Of Rameshvar
      Halwai, Panch Batti, Tonk, (Raj.) 304001
                                                                                   ----Petitioner
                                               Versus
      1.       State Of Rajasthan, Through Chief Secretary, State Of
               Rajasthan, Jaipur.
      2.       State       Of    Rajasthan,           Through          Principal      Secretary,
               Department          Of      Urban        Development           And       Housing
               Government, Secretariat, Jaipur (Raj.)
      3.       Land Acquisition Officer, Department Of Urban Development
               And Housing, Rajasthan Housing Board, Jaipur (Raj.)
      4.       Rajasthan Housing Board, Through Secretary, Tonk (Raj.)
                                                                            ----Respondents
    
    
    
      For Petitioners                :    Mr. Ashok Bansal Advocate.
                                          Mr. Pallav Choudhary Advocate.
                                          Mr. Ayush Bansal Advocate.
                                          Mr. Sameer Sharma Advocate.
                                          Mr. Aditya Joshi Advocate.
                                          Mr. Puneet Garg Advocate.
                                          Ms. Meera Bai Advocate.
                                          Mr. Vikas Kabra Advocate.
                                          Mr. Praveen Kumar Jain Advocate.
      For Respondents                :    Ajay Shukla Advocate with Mr. Shivam
                                          Sharma Advocate, Mr. Raghav Sharma
                                          Advocate, Ms. Jyoti Sharma Advocate.
                                          Mr. Tanmay Jain Advocate.
                                          Mr. V.D. Gathala Additional Government
                                          Counsel with Mr. Umesh Chaudhary
                                          Advocate.
    
    
    
                     HON'BLE MR. JUSTICE ANAND SHARMA
    
                                            Judgment
    
    REPORTABLE
      08/07/2026
    
      1.           By way of filing the above writ petitions, the petitioners
    
      have challenged Notifications dated 12.10.2011, Declaration dated
    
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    15.04.2013 and Award dated 01.03.2017 issued under Section 4, 6
    
    and 11 of the Land Acquisition Act, 1894 respectively and have
    
    prayed for quashing the entire acquisition proceedings along with the
    
    award.
    
    2.           As regards, S.B. Civil Review Petitions No. 66/2019 and
    
    70/2019 are concerned, the same have been filed by the petitioners
    
    with a prayer to recall and review orders dated 19.07.2017 passed
    
    by the Co-ordinate Bench of this Court, whereby writ petitions filed
    
    by the petitioners challenging acquisition proceedings and award
    
    were dismissed in limine. Learned counsel for the review petitioners
    
    submitted that feeling aggrieved by the orders passed by the Co-
    
    ordinate Bench of this Court, the review petitioners preferred D.B.
    
    Special Appeals Writ No. 1160/2017 and 1168/2017 before the
    
    Division Bench of this Court. Above Special Appeals were dismissed
    
    vide order dated 02.11.2018, whereby liberty was granted to the
    
    review petitioners to file application before the learned Single Judge
    
    and it was also observed that in the event of filing such applications,
    
    the Single Judge shall decide the same as per law. Hence, the above
    
    review petitions have been filed by the review petitioners.
    
    3.           Since the facts, cause of action and grievances in all the
    
    above cases are almost similar, and the all the petitions have arisen
    
    out of the same acquisition proceedings, therefore, with the consent
    
    of the parties, they were heard together and are being decided by
    
    this common judgment.
    
    4.           The facts, in brief, are that the State Government initiated
    
    acquisition proceedings in respect of land measuring 599 Bighas and
    
    11 Biswas under the provisions of the Land Acquisition Act, 1894
    
    (hereinafter to be referred as 'the Act of 1894') for the purpose of
    
    establishing residential housing scheme of the Rajasthan Housing
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    Board. A notification under Section 4(1) of the Act of 1894 was
    
    issued on 12.10.2011, proposing acquisition of the aforesaid land for
    
    a public purpose. The said notification was published in the Official
    
    Gazette on 14.10.2011 and was thereafter, published in two
    
    newspapers      on    29.01.2012         in    compliance            with   the    statutory
    
    requirements. Subsequently, public notices of the substance of
    
    notification were issued to the affected allottees/landholders on
    
    04.05.2012. Thus, last date of publication of notification under
    
    Section 4 was 04.05.2012.
    
    5.           Thereafter,     after      considering        objections        of    the     land
    
    owners, the Land Acquisition Officer submitted report under Section
    
    5A of the Act of 1894 to the State Government. After satisfying with
    
    the public purpose,         the State Government issued a declaration
    
    under Section 6 of the Act of 1894 on 15.04.2013 in respect of the
    
    acquisition of the aforesaid land. The declaration under Section 6 of
    
    the Act of 1894 was subsequently published in the newspapers
    
    namely      Dainik    Navjyoti     and     Samachar          Jagat      on    10.02.2015.
    
    Following     the    declaration,       the    public      notice       was       issued    on
    
    10.03.2015,       which was the last date of publication of declaration
    
    under Section 6 of the Act of 1894. Further, public notices under
    
    Section 9(1) of the Act of 1894 were issued on 23.03.2015. Notices
    
    under Section 9(3) of the Act of 1894 were thereafter served upon
    
    the    affected      allottees     on     29.10.2015.            Simultaneously,           the
    
    landholders were also afforded an option, in terms of the prevailing
    
    Government policy, to opt for allotment of developed land in lieu of
    
    monetary compensation.
    
    6.           It is not in dispute that though acquisition proceedings
    
    had commenced under the Act of 1894, however, no award had been
    
    passed prior to 01.01.2014, i.e., the date on which the Right to Fair
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    Compensation and Transparency in Land Acquisition, Rehabilitation
    
    and Resettlement Act, 2013 (for short 'the Act of 2013') came into
    
    force. Ultimately, the award came to be passed on 01.03.2017,
    
    purportedly under Section 11 of the Act of 1894 read with Section 24
    
    of the Act of 2013.
    
    7.           The grievance of the petitioners is that the award dated
    
    01.03.2017 was passed long after the expiry of the period prescribed
    
    under the law. According to the petitioners, once no award had been
    
    made before 01.01.2014, the proceedings became governed by
    
    Section 24(1)(a) of the Act of 2013 and in view of Section 25
    
    thereof, the award was required to be passed within a period of one
    
    year from the commencement of the Act of 2013. Since the award
    
    was passed only on 01.03.2017, i.e., more than three years after the
    
    enforcement of the Act of 2013 and nearly four years after issuance
    
    of the declaration under Section 6 of the Act of 1894, the petitioners
    
    contend that the acquisition proceedings stood vitiated and could not
    
    have culminated in a valid award.
    
    8.           Learned counsel for the petitioners submitted that in
    
    cases falling under Section 24(1)(a) of the Act of 2013, the limitation
    
    for making the award is governed by Section 25 of the Act of 2013
    
    and not by Section 11A of the repealed Land Acquisition Act, 1894.
    
    9.           Learned counsel for the petitioners emphasised that in
    
    view of Section 25 of the Act of 2013, the District Collector was
    
    required to make the award within a period of twelve months from
    
    the commencement of the Act of 2013. Since the award was
    
    ultimately passed on 01.03.2017, i.e., more than three years after
    
    01.01.2014, the same is ex-facie beyond the period prescribed under
    
    law and is, therefore, unsustainable. It is submitted that once the
    
    statutory period prescribed for making the award had expired, the
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    acquisition proceedings could not lawfully culminate in an award and
    
    the impugned award deserves to be declared void and non est in the
    
    eye of law.
    
    10.           Learned   counsel       for    the     petitioners       strongly   placed
    
    reliance on the judgment of the Hon'ble Supreme Court in The
    
    Executive Engineer, Gosikhurd Project Ambadi, Bhandara,
    
    Maharashtra Vidarbha Irrigation Development Corporation vs.
    
    Mahesh & Others, (2022) 2 SCC 772 and submitted that the
    
    issue is no longer res integra and stands conclusively settled by the
    
    above judgment.
    
    11.           It is also argued that the respondents have failed to point
    
    out any statutory exclusion of time or any interim order passed by a
    
    competent court which could justify extension of the period
    
    prescribed under Section 25 of the Act of 2013. In the absence of
    
    any such legally recognized exclusion, the award having been passed
    
    after the expiry of the mandatory period prescribed by law is
    
    rendered invalid and unenforceable.
    
    12.           Learned counsel for the petitioners further submitted that
    
    although impugned award was passed on 01.03.2017, yet till this
    
    date,   neither      monetary     compensation           has        been   paid   to   the
    
    Khatedars, nor the same has been deposited with the competent
    
    authority. That apart, possession of land in question is still with the
    
    petitioners and has not been taken so far by the respondents. Thus,
    
    the land in dispute has not yet vested with the respondents.
    
    13.           While adopting all the arguments of counsel for the writ
    
    petitioners, learned counsel for the review petitioners in Review
    
    Petitions No. 66/2019 and 70/2019 submitted that since the there
    
    was an error apparent on the face of record in earlier orders dated
    
    19.07.2017 passed by the learned Single Judge to dismiss the writ
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    petitions   in limine,    as    instead of         examining         the   award and
    
    proceedings at the touchstone of Section 24(1)(a) read with Section
    
    25 of the Act of 2013, learned Single Judge relied upon Section 11A
    
    of the Act of 1894 to dismiss the writ petitions. Under these
    
    circumstances, reiterating the above arguments, learned counsel for
    
    the review petitioners also prayed for allowing the review petitions as
    
    well as writ petitions filed by them.
    
    14.          Per contra, learned counsel appearing for the respondents
    
    

    opposed the writ petitions and submitted that the acquisition

    proceedings were initiated much prior to the enactment of the Act of

    SPONSORED

    2013 and substantial steps had already been undertaken under the

    provisions of the Act of 1894. It is submitted that notifications under

    Sections 4 and 6 of the Act of 1894 were duly issued and published

    and thereafter, notices under Sections 9(1) and 9(3) were also

    served upon the affected landholders. According to the respondents,

    the acquisition proceedings were pursued continuously and

    substantially complied with the statutory requirements.

    15. Learned counsel contended that the acquisition in

    question pertains to a large tract of land involving numerous

    landholders and allottees and, therefore, considerable administrative

    exercise was required before finalisation of the award. It is submitted

    that notices were issued to all concerned persons and they were also

    afforded an opportunity to opt for developed land in lieu of

    compensation in accordance with the applicable Government policy.

    Consequently, the time consumed in completion of the acquisition

    process cannot, by itself, be construed to invalidate the proceedings.

    16. It is further submitted that the object of Section 24 of the

    Act of 2013 is to save and continue pending acquisition proceedings

    and not to frustrate acquisitions undertaken for public purposes.

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    According to the respondents, the award dated 01.03.2017 was

    passed after following the prescribed procedure and after considering

    the rights and claims of all affected persons. The acquisition having

    substantially progressed and the award having already been made,

    interference at this stage would seriously prejudice the public

    purpose for which the land was acquired.

    17. On the aforesaid premises, learned counsel prayed for

    dismissal of the review petitions as also writ petitions and submits

    that the award dated 01.03.2017 and the consequential acquisition

    proceedings do not warrant interference by this Court in exercise of

    its writ jurisdiction under Article 226 of the Constitution of India.

    18. Having heard learned counsel for the parties and upon

    perusal of the material available on record, this Court finds that the

    controversy involved in the present case lies in a narrow compass.

    The foundational facts are not in dispute. The acquisition proceedings

    were initiated under the provisions of the Land Acquisition Act, 1894

    by issuance of notification under Section 4(1) of the Act of 1894 on

    12.10.2011, followed by declaration under Section 6 on 15.04.2013.

    It is equally undisputed that no award had been passed till

    01.01.2014, the date on which the Act of 2013 came into force. The

    award ultimately came to be passed on 01.03.2017.

    19. The principal issue, therefore, which arises for

    consideration is as to whether the award dated 01.03.2017 could

    legally have been passed after commencement of the Act of 2013

    and whether the same satisfies the mandate of Section 24(1)(a)

    read with Section 25 of the Act of 2013.

    20. Before adverting to the rival submissions, it would be

    apposite to reproduce Section 24(1)(a) of the Act of 2013:

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    “24. Land acquisition process under Act No. 1 of 1894
    shall be deemed to have lapsed in certain cases.-(1)
    Notwithstanding anything contained in this Act, in any case of
    land acquisition proceedings initiated under the Land
    Acquisition Act, 1894
    (1 of 1894)–

    (a) where no award under section 11 of the said Land
    Acquisition Act
    has been made, then, all provisions of this
    Act relating to the determination of compensation shall
    apply; or

    (b) where an award under said section 11 has been made,
    then such proceedings shall continue under the provisions
    of the said Land Acquisition Act, as if the said Act has not
    been repealed.

    (2) Notwithstanding anything contained in sub-section (1), in
    case of land acquisition proceedings initiated under the Land
    Acquisition Act, 1894
    (1 of 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 holdings 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.”

    21. A plain reading of the aforesaid provision leaves no

    manner of doubt that where no award under Section 11 of the Act of

    1894 had been passed before commencement of the Act of 2013, the

    proceedings survive, but thereafter they become subject to the

    regime contemplated under the Act of 2013.

    22. Section 25 of the Act of 2013 reads thus:

    “25. Period within which an award shall be made.-The
    Collector shall make an award within a period of twelve months
    from the date of publication of the declaration under section 19
    and if no award is made within that period, the entire
    proceedings for the acquisition of the land shall lapse:

    Provided that the appropriate Government shall have the
    power to extend the period of twelve months if in its opinion,
    circumstances exist justifying the same:

    Provided further that any such decision to extend the
    period shall be recorded in writing and the same shall be
    notified and be uploaded on the website of the authority
    concerned.”

    23. This Court finds that in the present case land acquisition

    proceedings were initiated under the Act of 1894, however, no award
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    was passed as on 01.01.2014, i.e., the date on which the of 2013

    Act came into force. After examining the scheme of the repealed Act

    of 1894 vis-à-vis the provisions of the 2013 of Act, it becomes clear

    that Section 24(1)(a) of the Act of 2013 is a transitional provision

    intended to facilitate the migration of pending acquisition

    proceedings from the old enactment to the new legislative

    framework. Although such proceedings do not lapse merely because

    an award had not been passed prior to 01.01.2014, once the matter

    falls within the ambit of Section 24(1)(a) of the Act of 2013, yet all

    subsequent stages of acquisition are required to be governed by the

    provisions of the 2013 Act.

    24. In view of above, the question arises as to whether the

    limitation prescribed under Section 11A of the Act of 1894, which

    required the making of an award within two years from the date of

    publication of the declaration under Section 6, would continue to

    apply after the repeal of the 1894 Act.

    25. Meticulous examination of the scheme of the Act of 2013

    as well as the repealed Act of 1894, it becomes clear that Section

    11A of the Act of 1894, being a provision of the repealed enactment,

    cannot survive independently unless expressly saved by the

    subsequent legislation. In view of the scheme of Section 24 and the

    repeal and saving provisions contained in Section 114 of the Act of

    2013, it becomes clear that there is no legislative indication

    preserving the applicability of Section 11A of the Act of 1894 in

    respect of proceedings governed by Section 24(1)(a) of the Act of

    2013. Consequently, the limitation prescribed under Section 11A of

    the Act of 1894 stands eclipsed and the matter is thereafter

    governed exclusively by the provisions of the 2013 Act.

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    26. It also deserves notice that the period for making the

    award in such cases is governed by Section 25 of the 2013 Act,

    which mandates that the Collector shall make an award within a

    period of twelve months. The said period of twelve months would

    commence from 01.01.2014 because Section 25 itself became

    operative only upon the enforcement of the 2013 Act. Any

    interpretation permitting continued application of Section 11A of the

    repealed Act of 1894 would defeat the legislative intent underlying

    Section 24 and would create an anomalous situation whereby a

    repealed statute would continue to regulate substantive aspects of

    proceedings intended to be governed by the new enactment.

    27. Thus, it becomes abundantly clear that Section 24(1)(a)

    of the Act of 2013 constitutes a self-contained transitional

    mechanism and that once a case falls within its ambit, the rights and

    obligations of the parties, including the limitation for making the

    award, must be determined with reference to the provisions of the

    Act of 2013. Notably repeal of the Act of 1894 was not merely formal

    in nature, but represented a conscious legislative shift to a new

    acquisition regime providing enhanced safeguards and benefits to

    landowners. Therefore, pending proceedings saved under Section

    24(1)(a) of the Act of 2013 are required to be carried forward in

    accordance with the framework of the 2013 Act.

    28. Thus, even if the respondents are granted the benefit of

    the entire period contemplated under Section 25 of the Act of 2013,

    the award ought to have been passed on or before 31.12.2014,

    unless the respondents are able to demonstrate existence of any

    legally permissible exclusion of time.

    29. Significantly, no material has been placed on record by

    the respondents to show that the operation of the acquisition
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    proceedings was stayed by any competent court or that there existed

    any statutory impediment preventing the passing of the award

    during the relevant period. No order excluding any period from

    computation of limitation has been brought to the notice of this

    Court. In absence thereof, the respondents cannot seek extension of

    a mandatory statutory timeline by administrative explanations or

    procedural difficulties.

    30. The contention advanced on behalf of the respondents

    that substantial steps had already been undertaken under the Act of

    1894 and that the acquisition was intended to serve a public

    purpose, cannot override an express statutory mandate. It is settled

    law that where a statute prescribes that a particular act is to be

    performed within a specified period, the authorities exercising

    statutory powers are bound by such prescription. Public purpose,

    however laudable, cannot authorise continuation of proceedings in

    derogation of a legislative command.

    31. It is settled preposition of law, land acquisition laws are

    expropriatory in nature and when such statute creates a power and

    simultaneously prescribes the manner and period within which such

    power is to be exercised, the authority must act strictly within four

    corners of the statute. Any other interpretation would render the

    statutory limitation otiose and defeat the legislative intent.

    32. This Court is also unable to accept the submission that the

    award dated 01.03.2017 deserves to be sustained on the ground of

    substantial compliance. The Act of 2013 was enacted to provide a

    more transparent, fair and rights-oriented acquisition regime. The

    timelines incorporated therein are not mere procedural formalities

    but constitute substantive safeguards intended to protect landowners

    from indefinite uncertainty and prolonged acquisition proceedings.

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    33. Furthermore, the statement made on behalf of the

    petitioners that although award was passed on 01.03.2013, yet till

    this date, neither compensation awarded therein has been paid to

    the land owners, nor has been deposited with the competent

    authority as well as the statement that possession of the land in

    question has not been taken so far and is still lying with the

    petitioners, has not been controverted or disputed by the

    respondents in any manner. Hence, in view of above, conclusive

    position arises that till date land in question has not vested with the

    respondents.

    34. Viewed from another angle, acceptance of the

    respondents’ contention would virtually amount to permitting the

    authorities to keep acquisition proceedings pending for an indefinite

    duration despite the legislative mandate to conclude the process

    within a specified time frame. Such an interpretation would be

    contrary to the object and spirit of the Act of 2013 and would directly

    run counter to the law declared by the Hon’ble Supreme Court in

    The Executive Engineer, Gosikhurd Project Ambadi, Bhandara,

    Maharashtra Vidarbha Irrigation Development Corporation vs.

    Mahesh & Others (supra). In the above judgment, it has been

    held as under:

    “17. Dealing with the interplay of vested rights and
    retrospective application of statutes, Indore Development
    Authority (LAPSE-5 J.) v. Manoharlal, (2020) 8 SCC 129 refers
    to several decisions to draw a distinction between “rights” and
    “procedure”, to observe that the question of extent of
    retrospectivity would also depend upon the degree of
    unfairness it causes to the parties. Thus, if the limitation period
    is shortened but the claimant has time to sue before the expiry
    of the shortened period, then notwithstanding that he is likely
    to be statutorily barred if he does not sue within the shortened
    period, retrospectivity may be given effect to. We add that
    when the law extends the limitation period, benefit of extended
    period applies to proceedings to be initiated that are not time-
    barred. Per contra, if the limitation period is extended after the
    shorter limitation period has already expired, which could have
    been an absolute defence for the party sued, then it may not
    be fair to deprive the party sued of the accrued right of
    claiming such defence. Further, absence of express limiting
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    words is not to be used as a basis for implying retrospective
    operation as this would be reverse of the true presumption.
    However, presumption in favour of retrospectivity may be
    necessary when distinct implications typically arise in the
    context of the statute which repeals a previous statute, and
    would leave a “lacuna” if the new statute were not construed as
    having retrospective effect. A statute which is prospective in its
    direct operation cannot be called as retrospective because a
    part of the requisites for its action is drawn from time
    antecedent to its passing. Another cardinal principle of
    interpretation is that a construction which results in
    unreasonably harsh and absurd results must be avoided. These
    dictums being relevant would help us resolve and answer the
    question in issue.

    18. In para 295 of Indore Development Authority (LAPSE-5 J.)
    v. Manoharlal, the Constitution Bench held that the 2013 Act
    operates prospectively. Further, Section 114 of the 2013 Act
    effects a repeal but with certain savings, in accordance with
    Section 24. Thus, the acquisition proceedings are preserved
    under the 1894 Act till the stage of making of the award.
    Where an award is not made, the provisions relating to
    determination of compensation under the 2013 Act would
    apply; where the award is made, proceedings would continue
    under the provisions of the 1894 Act as if the said Act has not
    been repealed. Our interpretation of Section 24(1) of the 2013
    Act respectfully follows this precedent.

    19. Clearly, Section 11-A of the 1894 Act and Section 25 of the
    2013 Act prescribe two different periods of limitation with
    adverse consequences, as on failure to make the award the
    acquisition proceedings lapse. The choice is between Section
    11-A of the 1894 Act and Section 25 of the 2013 Act. [In para
    33 below we have rejected the State’s alternative argument
    that the legislature has not prescribed any period for making of
    an award under Section 24(1)(a) of the 2013 Act. See also para

    32.] Absence of precise words or express declaration would not
    inhibit us from interpreting and exercising the right choice,
    keeping in view the language as also the object and purpose of
    clause (a) to Section 24(1) of the 2013 Act. In other words, we
    have to give effect and meaning to the underlying intention of
    Parliament in the words “all the provisions relating to
    determination of compensation” under the 2013 Act.

    20. We begin by examining the phrasing of clause (a) to
    Section 24(1) of the 2013 Act. We would prefer to read the
    words “all the provisions relating to determination of
    compensation” in Section 24(1)(a) as including the period of
    limitation specified in Section 25 of the 2013 Act. To elaborate,
    the word “all” and the expression “relating to” used in Section
    25
    are required to be given a wide meaning to ensnare the
    legislative intent. The expressions “relating to” or “in relation
    to” are words of comprehensiveness which may have a direct
    as well as indirect significance depending on the context. [State
    Wakf Board v. Abdul Azeez Sahib
    , 1966 SCC OnLine Mad 80]

    21. Similarly, interpreting Section 129-C of the Customs Act,
    1962, this Court while giving the phrase “in relation to” a
    narrower meaning of direct and proximate relationship to the
    rate of duty and to the value of goods for purpose of
    assessment, did observe that ordinarily the phrase “in relation
    to” is of a wider import. Navin Chemicals Mfg. & Trading Co.
    Ltd. v. Collector of Customs
    , (1993) 4 SCC 320 Several cases
    assigning a wider import to the expression “relating to”, in view
    of the contextual background, find reference in Gujarat Urja
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    Vikas Nigam Ltd. v. Amit Gupta , (2021) 7 SCC 209. In
    Renusagar Power Co. Ltd. v. General Electric Co., (1984) 4 SCC
    679, this Court held that the term “in relation to”, when used in
    the context of arbitration clause, is of widest amplitude and
    content.

    22. In Mansukhlal Dhanraj Jain v. Eknath Vithal Ogale, (1995)
    2 SCC 665 the expression “relating to” in the context of the
    Small Cause Courts Act, 1887 has been held to be
    comprehensive in nature that would take in its sweep all types
    of suits and proceedings which are concerned with recovery of
    possession.
    Broad and wider interpretation was again preferred
    in Doypack Systems (P) Ltd. v. Union of India, (1988) 2 SCC
    299, observing that the expression “in relation to” is a very
    broad expression which presupposes another subject-matter. In
    Doypack Systems (P) Ltd.v. Union of India, in the context of
    Section 3 of the Swadeshi Cotton Mills Company Ltd.
    (Acquisition and Transfer of Undertakings) Act, 1986, the
    expression “relating to” was held to mean “bring into
    association or connection with”.
    Doypack Systems (P) Ltd. v.
    Union of India
    , (1988) 2 SCC 299, para 50 The words are
    comprehensive and might have both direct as well as indirect
    significance.
    The decision in Gujarat Urja Vikas Nigam Ltd. v.
    Amit Gupta
    refers to Corpus Juris Secundum, wherein the
    expression “relating to” has been held to be equivalent to or
    synonymous with as to “concerning with” and “pertaining to”. It
    has been observed that the expression “pertaining to” is an
    expression of expansion and not of contraction.

    23. The expression “relating to” when used in legislation
    normally refers to “stand in some relation, to have bearing or
    concern, to pertain, to refer, to bring into association with or
    connection with”. [ See judgment of Mitter, J. (para 308) in
    Madhav Rao Jivaji Rao Scindia v. Union of India, (1971) 1 SCC

    85.] Therefore, the expression “relating to” when used in
    legislation has to be construed to give effect to the legislative
    intent when required and necessary by giving an expansive and
    wider meaning. Given this trend in interpretation, the words “all
    the provisions of this Act relating to the determination of
    compensation” must not be imputed a restricted understanding
    of the word “relating” only to the substantial provisions on
    calculation of compensation, that is, Sections 26 to 30 of the
    2013 Act. Rather, the expression should be given an expansive
    meaning so as to include the provision on limitation period for
    calculation of compensation, that is, Section 25 of the 2013
    Act.

    24. Law of limitation is generally regarded as procedural as its
    object is not to create any right but prescribe periods within
    which legal proceedings should be instituted for enforcement of
    rights or adjudication orders should be passed. Statutes of
    limitation, therefore, have retrospective effect insofar as they
    apply to all legal proceedings brought after they come into
    force. However, the laws relating to limitation have been held
    to be prospective in the sense that they do not have the effect
    of reviving the right of action which is already barred on the
    date of their coming into operation, nor do they have the effect
    of extinguishing a right of action subsisting on the date. In this
    sense, the limitation provisions can be procedural in the
    context of one set of facts and substantive in the context of a
    different set of facts. Therefore, unless the language of the
    provision dealing with period of limitation clearly manifests, in
    express terms or by necessary implication, a contrary intention
    divesting vested rights, such provision is to be construed as
    prospective. In the context of clause (a) to Section 24(1) of the
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    2013 Act, it is to be stated that the said clause would apply
    only if the period for making of an award had not ended and
    time was available as on 1-1-2014. Where and if the period for
    making of the award had already lapsed before 1-1-2014,
    clause (a) to Section 24(1) would not apply so as to deprive
    and deny the vested rights which have already accrued in
    favour of the landowners. The present case is not of divesting
    of vested rights of the landowners on enactment of the 2013
    Act.

    29. Given the object and purpose behind Sections 24 and 26 to
    30 of the 2013 Act, we notice that practical absurdities and
    anomalies may arise if the two-year period for making of an
    award in terms of Section 11-A of the 1894 Act 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.
    This would mitigate against the underlying legislative intent
    behind prescription of time for making of an award in respect of
    saved acquisition proceedings initiated under the repealed 1894
    Act, which is twofold : (i) to give sufficient time to the
    authorities to determine compensation payable under the 2013
    Act; and (ii) to ensure early and expedited payment to the
    landowners by reducing the period from two years under
    Section 11-A of the 1894 Act to twelve months under Section
    25
    of the 2013 Act. In case of declarations issued in January
    2012, on application of Section 11-A of the 1894 Act, the time
    to determine compensation under the 2013 Act would vary
    from a day to a month, and while in cases where the
    declarations were issued within twelve months of the repeal of
    the 1894 Act, the landowners would be at a disadvantage as an
    award beyond the twelve-month period specified in Section 25
    of the 2013 Act would be valid. In the first set of cases, given
    the onerous factual and legal exercise involved in determination
    of compensation and the need to issue notification under
    Section 26(2) of the 2013 Act, publication of the awards would
    be impractical. Hasty and incorrect awards would be deleterious
    for the landowners. If the awards are not pronounced, the
    acquisition proceedings would lapse defeating the legislative
    intent behind Section 24(1)(a) of the 2013 Act to save such
    proceedings. We would, therefore, exercise our choice to arrive
    at a just, fair and harmonious construction consistent with the
    legislative intent.

    30. A rational approach so as to further the object and purpose
    of Sections 24 and 26 to 30 of the 2013 Act is required. We are
    conscious that Section 25 refers to publication of a notification
    under Section 19 as the starting point of limitation. In the
    context of clause (a) to Section 24(1) of the 2013 Act there
    would be no notification under Section 19, but declaration
    under Section 6 of the 1894 Act. When the declarations under
    Section 6 are valid as on 1-1-2014, it is necessary to give
    effect to the legislative intention and reckon the starting point.
    In the context of Section 24(1)(a) of the 2013 Act, declarations
    under Section 6 of the 1894 Act are no different and serve the
    same purpose as the declarations under Section 19 of the 2013
    Act.

    31. Consequently, we hold that in cases covered by clause (a)
    to Section 24(1) of the 2013 Act, the limitation period for
    passing/making of an award under Section 25 of the 2013 Act
    would commence from 1-1-2014, that is, the date when the
    2013 Act came into force. Awards passed under clause (a) to
    Section 24(1) would be valid if made within twelve months
    from 1-1-2014. This dictum is subject to the caveat stated in
    paras 20 to 23 [Ed.: This precise caveat could not be found in
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    paras 20 to 23. However, para 14 and para 24 may be referred
    to as being closest in reference.] (supra) that a declaration
    which has lapsed in terms of Section 11-A of the 1894 Act
    before or on 31-12-2013 would not get revived.

    56. In view of the aforesaid discussion, we hold as under:

    56.1. Section 25 of the 2013 Act would apply to the awards
    made and published under Section 24(1)(a) of the 2013 Act.

    56.2. The limitation period for passing/making of an award
    under Section 24(1)(a) in terms of Section 25 of the 2013 Act
    would commence from 1-1-2014, that is, the date when the
    2013 Act came into force.”

    35. Principles laid down in the above judgment by the Hon’ble

    Supreme Court can be summarised as following:

    (i) Section 24(1)(a) of the Act of 2013 is a complete transitional code

    governing acquisition proceedings in which no award had been

    passed before 01.01.2014;

    (ii) Such proceedings do not lapse merely because the award was

    not made before commencement of the 2013 Act;

    (iii) all further stages of acquisition are governed by the provisions of

    the 2013 Act;

    (iv) the limitation for making the award is regulated by Section 25 of

    the 2013 Act and not by Section 11A of the repealed Land

    Acquisition Act, 1894;

    (v) the period prescribed under Section 25 of the Act of 2013 begins

    to run from 01.01.2014;

    (vi) Section 11A of the 1894 Act does not survive or continue to

    operate in proceedings covered by Section 24(1)(a) of the Act of

    2013.

    36. In the considered opinion of this Court, once it is admitted

    that no award existed on 01.01.2014 and the award ultimately came

    to be passed only on 01.03.2017, the inevitable consequence is that

    the award was made beyond the period recognised by law. The

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    [2026:RJ-JP:27168] (25 of 25) [WRW-66/2019]

    respondents having failed to establish any legally sustainable ground

    for exclusion or extension of time, the award cannot be sustained.

    37. The writ petitions as well as the review petitions,

    therefore, deserve to be allowed and the same are hereby allowed.

    Accordingly, this Court holds that the award dated 01.03.2017

    having been passed in violation of the mandate of Section 24(1)(a)

    read with Section 25 of the Right to Fair Compensation and

    Transparency in Land Acquisition, Rehabilitation and Resettlement

    Act, 2013, is unsustainable in law and is therefore quashed.

    Consequently, entire acquisition proceedings relating to such award

    and founded upon the said award are hereby set aside.

    38. Pending applications, if any, also stand disposed of.

    39. Office is directed to place a copy of this judgment on

    record of each connected petitions.

    (ANAND SHARMA),J

    MANOJ NARWANI/111-126/

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