Supreme Court of India
Bhargava & Associates Pvt. Ltd. & Ors. v. Union of India and Ors.
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What the Court ordered
Held as under: B "The right conferred to the land holders/owners of the acquired land under Section 24(2) of the Act is the statutory right and, therefore, the said right cannot be taken away by an Ordinance by inserting proviso to the C abovesaid sub-Section without giving retrospective effect to the same." The legal position has been subsequently reiterated by this Court in Arvind Bansal v.
Judgment, page 5
From the headnote
c Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 - s. 24(2) - Deemed lapse of acquisition proceedings under - When can be declared- Held: Factum of award uls. 11 of the 1894 Act must be established and the said award must o have been passed h"ve years before the commencement of the Act - Once the aforesaid is established, possession is found to not have been taken, or compensation not paid, then the proceedings shall be deemed to have lapsed - In the instant case, land owners submission that either possession still with them or
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