Acquisition Proceedings Do Not Lapse Under Act of 2013 if Award and Possession Precede Its Commencement

The petitioners (or their predecessors) were owners of various plots in Mouza – Butia, South 24 Parganas. The land was requisitioned and possession was taken by the State on January 19, 1971, for the Charial Basin Drainage Scheme under the West Bengal Land (Requisition & Acquisition) Act, 1948

A notification for acquisition under Section 4(1a) of the 1948 Act was published in March 1975

While proceedings were pending, the 1948 Act lapsed on March 31, 1997, and was succeeded by the Land Acquisition (West Bengal Amendment) Act, 1997, which amended the Land Acquisition Act, 1894

The State declared a tentative award under the 1894 Act on July 18, 2008, and deposited compensation funds in 2009

The petitioners challenged the continuation of the proceedings under the repealed 1948 Act and sought return of land or updated compensation

1. Whether the land acquisition proceedings initiated under the West Bengal Land (Requisition & Acquisition) Act, 1948, lapsed due to the repeal of the said Act and the subsequent enactment of the 2013 Act.

2. Whether the petitioners are entitled to the return of the land or compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The court applied the West Bengal Land (Requisition & Acquisition) Act, 1948, specifically Section 4 regarding notice and vesting

It primarily relied on the Land Acquisition (West Bengal Amendment) Act, 1997, which inserted Sections 9(3A) and 9(3B) into the 1894 Act to validate proceedings where possession was taken under the 1948 Act

Furthermore, it applied Sections 24 and 25 (likely referring to the transitional provisions of Section 24) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which dictate when old proceedings lapse based on the status of the award and possession

The court reasoned that although the 1948 Act lapsed, the 1997 Amendment to the 1894 Act provided a legal bridge (Sections 9(3A) and 9(3B)) to conclude acquisitions where possession was already with the State

The court found that a valid award was indeed passed in 2008

Applying the 2013 Act's transitional criteria, the court noted that since the award was made in 2008 and physical possession was taken as far back as 1971, the proceedings did not satisfy the "lapsing" conditions under Section 24(2)

Regarding the non-payment of compensation, the court held that since the amount was determined and retained by the Collector due to bona fide legal impediments (pending litigation before a Larger Bench), it did not constitute "non-payment" that would trigger a lapse

Finally, the court declined to determine rental compensation, classifying it as a disputed question of fact requiring evidence

The court dismissed the prayer for returning the land but allowed the petition to the extent of directing Respondent No. 2 to pay the awarded compensation to the petitioners within eight weeks