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Sunday, May 3, 2015

Land acquisition Act - Old Act -vs- New Act - except file note , No award was passed nor communicated as on 31-12-2013 - mere noting file on 23-12-2013 with out communicating the same to the claimant as late as 31-12-2013 can not be considered as AWARD - Hence as per sec.24 of New Act a fresh award is to be passed and as such the alleged award said to be passed and communicated after one year is set aside - 2015 Telangana & A.P. msklawreports

What is the meaning of words making of an award in
Section 24 (1) of Act 30 of 2013 and effect of non-
communication of award before 31.12.2013?

While interpreting a transitory provision, the said ratio does not
assist the respondents.
The file noting on 23.12.2013 cannot be
treated as an award made under Section 11 of Act 1 of 1894 as it is
not communicated as late as 31.12.2014.

      Further, Section 12(2) of Act 1 of 1894 mandates expeditious
communication of award.  So, to continue proceedings under Act 1
of 1894, the communication of award is necessary.  Unless and until
the rights are crystallized and accrued, the same cannot be put
against a party. Therefore, the communication of award dated
23.12.2013  through notice dated 31.12.2014 under Section 12(2) of
Act 1 of 1894, is illegal and contrary to Section 24 (1) of Act 30 of
2013.  The same is liable to be set aside and is accordingly set aside.
Consequently, it is further held that the determination of
compensation is under Act 30 of 2013 by passing a fresh award.- 2015 Telangana & A.P. msklawreports

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