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TMI Blog2016 (1) TMI 1511X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court upholding the acquisition under the provisions of the Land Acquisition Act, 1894, a question has been raised with regard to the applicability of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the 2013 Act") and whether in view of the fact that the possession had not been taken over despite the award being passed five years prior to 1st January, 2014 the land acquisition proceedings have lapsed. It may be taken note of at this stage that the petitioners had been the beneficiaries of the interim order of the High Court as well as this Court on account of which possession of the acquired land could not be taken over by the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of law or for any reason. Such casus omissus cannot be supplied by the court in view of law on the subject elaborately discussed by this Court in Padma Sundara Rao v. State of T.N. [(2002) 3 SCC 533]. 12. Even in the Land Acquisition Act of 1894, the legislature had brought about amendment in Section 6 through an Amendment Act of 1984 to add Explanation I for the purpose of excluding the period when the proceeding suffered stay by an order of the court, in the context of limitation provided for publishing the declaration under Section 6(1) of the Act. To a similar effect was the Explanation to Section 11-A which was added by Amendment Act 68 of 1984. Clearly the legislature has, in its wisdom, made the period of five years under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utset, we clarify that upon reading the decision of the three judge bench of this Court in Union of India and others versus Shiv Raj and others, we do not find any view of the bench on the question arising, namely, whether the period during which the award had been remained stayed should be excluded for the purposes of consideration of the provisions of Section 24(2) of the 2013 Act. Insofar as the decision of the coordinate bench of this Court in Sree Balaji Nagar Residential Association (supra) is concerned, having read and considered paragraphs 11 and 12 thereof, as extracted above, it is our considered view that the legal effect of the absence of any specific exclusion of the period covered by an interim order in Section 24(2) of the 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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