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TMI Blog2016 (6) TMI 1487X X X X Extracts X X X X X X X X Extracts X X X X ..... ave lapsed where award has been made five years or more prior to the commencement of 2013 Act and possession of the land is not taken or compensation has not been paid. The legal fiction under Section 24(2) comes into operation as soon as conditions stated therein are satisfied.' In view of the law settled by the Hon'ble Supreme Court, the only question that arises in this petition is whether either of the conditions under Section 24(2) of the New Act are satisfied in the Petitioner's case. It is found that neither the possession of the land has been taken from the petitioners nor has the compensation ever been paid to them. The petitioners have also filed Jamabandis with respect to the said land issued on 16.01.2015 to demonstr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Gurgaon. 2. The aforesaid land became subject matter of land acquisition proceedings when a Notification under Section 4 of the Land Acquisition Act, 1894 was issued by the Respondent State on 29.01.2003 which culminated in an Award dated 14.03.2006 and Supplementary Award dated 27.02.2007. 3. The petitioners contend that they have been making representations to the concerned authorities with regard to the release of the said land throughout the proceedings and their land has been recommended to be released from the acquisition by the State of Haryana twice. The petitioner has also approached this Court twice, i.e., by CWP No. 9245 and 9246 of 2004 and more recently by CWP No. 2292 of 2015. This Hon'ble Court by its order dated 28.07.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not been repealed. (2) Notwithstanding anything contained in sub section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ........... . 6. The aforesaid judgment has been reiterated by the Hon'ble Supreme Court in Bharat Kumar v. State of Haryana and Anr., reported as (2014) 6 SCC 586 and in Bimla Devi and Ors. Vs. State of Haryana and Ors., reported as (2014) 6 SCC 583 and more recently in its judgment dated 28.4.2016 in Civil Appeal No. 4544 of 2016 titled as D.D.A. v. Reena Suri and Ors. 7. In view of the law settled by the Hon'ble Supreme Court, the only question that arises in this petition is whether either of the conditions under Section 24(2) of the New Act are satisfied in the Petitioner's case. 8. We had on the last date of hearing given time to the Addl. A.G. to take instructions on the matter. It is found that neither the possession of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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