Summary
A large batch of Haryana land acquisition appeals raised a common question under Section 24(1) of the 2013 Land Acquisition (RFCTLARR) Act: when are proceedings under the Land Acquisition Act, 1894 'initiated'? The Supreme Court held that proceedings are initiated on publication of the Section 4(1) notification. That notification is the foundation of acquisition: it authorises entry and survey, fixes the date for market value. This reading also serves the 2013 Act's twin aims, bringing more landowners under the 2013 Act's compensation rules and protecting ongoing public projects from lapse. Where Section 24(1)(a) applies, proceedings continue under the 1894 Act, including Section 6 declarations after 1.1.2014, with only compensation determined under the 2013 Act. The appeals were listed for decision on their individual merits.
Issues
- Whether, for Section 24(1) of the 2013 Act, land acquisition proceedings under the Land Acquisition Act, 1894 are 'initiated' on publication of the Section 4(1) notification or on the Section 6 declaration.
- Whether a Section 4 notification issued before 01.01.2014 survives after that date, and whether a Section 6 declaration may be issued afterwards.
- Which procedure governs proceedings covered by Section 24(1)(a) until compensation is determined.
Provisions considered
- Section 24(1), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013'Initiated' was construed purposively, in light of the Act's twin objects of fair compensation and facilitating acquisition. Proceedings are initiated on publication of the Section 4(1) notification. (¶¶ 6, 8, 21, 22, 23, 27, 34)
- Sections 4 and 6, Land Acquisition Act, 1894The Section 4(1) notification is the condition precedent and starting point. It authorises entry and survey under Section 4(2) and fixes the date for market value under Section 23. The Section 6 declaration is a later step. (¶¶ 13, 14, 15, 19, 28, 29, 30)
- Section 114, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013The saving of Section 6 of the General Clauses Act is subject to 'save as otherwise provided' in the 2013 Act. Section 24 therefore governs the extent to which the 1894 Act continues to apply. (¶¶ 3, 4, 5, 7, 8)
- Articles 21 and 300A, Constitution of IndiaContinuing acquisitions under procedures authorised by law does not violate Article 300A, and a plea of deprivation of livelihood under Article 21 does not lie against land acquisition. (¶¶ 25, 26)
Held
- All the authorities cited, including Indrapuri Griha Nirman, V.K.M. Kattha, Babu Barkya Thakur and Fomento Resorts, recognise that acquisition proceedings begin with the Section 4(1) notification. The Section 6 declaration is one later step towards the award. (¶¶ 13, 14, 16, 17, 18, 19)
- Treating the Section 4(1) notification as the point of initiation serves both aims of the 2013 Act. It brings more affected persons within the more generous compensation under the 2013 Act and protects more land acquired for public projects from lapse. The dictionary meaning of 'initiate' supports this. (¶¶ 22, 23, 24, 27)
- The Section 4(1) notification is not a mere formality. It empowers entry and survey, sales made after it are void (Shiv Kumar), it fixes the date for market value, and a vital defect in it cannot be cured by a Section 6 declaration. (¶¶ 28, 29, 30)
- Where Section 24(1)(a) applies, the 2013 Act applies only to the determination of compensation. The intervening procedure continues under the 1894 Act, so a Section 4 notification issued before 01.01.2014 survives and a Section 6 declaration may be issued after that date. (¶¶ 32, 34)
Result
The common questions were answered: proceedings are initiated on publication of the Section 4(1) notification, and Section 24(1)(a) cases continue under the 1894 Act with compensation determined under the 2013 Act. The appeals were directed to be listed before the appropriate Bench for disposal on their own merits.