Interpretation Of Clause 24 Of Fair Compensation Act 2013.

739 votes

Since award has already been made, Section 24 would not apply. Further, Division Bench of J&K High Court has held that even if the RFCTLARR Act came into operation repealing the Jammu & Kashmir Land Acquisition Act, by virtue of Section 6 of the General Clauses Act, 1897, the proceedings already initiated under the Jammu and Kashmir Land Acquisition Act, 1990 would continue. The Court disagreed with the contention the appellants that after enforcement of the Jammu and Kashmir Re-organization Act, 2019, the land acquisition proceedings have to be continued under the RFCTLARR Act.

Advocate Rehan Ali LawRato

540 votes

In the present matter, the land was admittedly acquired in the year 2017 under the Jammu & Kashmir Land Acquisition Act (Samvat 1990). However, since compensation has not been paid even after considerable lapse of time, the acquisition proceedings cannot be treated as fully concluded in the eyes of law. After the reorganisation of the State of Jammu & Kashmir into a Union Territory in 2019, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 became applicable. Being a beneficial legislation, its principles may be invoked where landowners continue to remain deprived of compensation. The Hon’ble Supreme Court in Indore Development Authority v. Manoharlal & Others, (2020) 8 SCC 129, has clarified that non-payment of compensation is a crucial factor while examining validity and continuation of acquisition proceedings. Courts have consistently held that landowners cannot be deprived of property without payment of lawful compensation. Therefore, if compensation has not been disbursed till date, the landowner may approach the Hon’ble High Court under Article 226 seeking release of compensation along with statutory benefits or appropriate relief in light of the 2013 Act, subject to verification of possession and award records

Advocate Zulikha Bano LawRato