Objections against proceedings of Acquisition – Status under the repealed and repealing Act #indianlaws

As per Section 15 of the 2013 Act any person interested in any land notified under Section 11(1) as being required or likely to be required for a public purpose, may within sixty days from the date of the publication of the preliminary notification raise his/her objection

Notification under Section 4(1) of the Land Acquisition Act, 1894 was issued for the purposes of widening of a road. The 1894 Act since got repealed under Section 114(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (w.e.f. 1.1.2014), as per Section 24 thereof (2013 Act) in any case of land acquisition proceedings initiated under the 1894 Act and where no award under section 11 of the said Act was passed, such proceedings should continue under the provisions of 2013 Act or else the proceedings would continue under the 1894 Act, as if the said Act has not been repealed.

It was clarified that under the repealed Act an opportunity to raise objections in respect of any acquisition proceedings was available under Section 5A of that Act and the 2013 Act carries a corresponding provision for hearing the objections under Section 15 thereof.

As per Section 15 of the 2013 Act any person interested in any land notified under Section 11(1) as being required or likely to be required for a public purpose, may within sixty days from the date of the publication of the preliminary notification raise his/her objection. In view of the provisions under Sections 15 and 24 of the 2013 Act and taking into account the fact that in the instant matter the last date of publication of the notification was 12.12.2013, the present matter was disposed with the direction that Petitioners can raise their objections, if any, in accordance with law before the competent authority in accordance with Section 11(1) of the Act within the time stipulated thereunder.

Since the last publication was made only on 12.12.2013 the time for filing objections would run only from that date. In case the petitioners submit their objections within the time stipulated for that purpose it shall be disposed of in accordance with the provisions under Section 15 of the Act.

[Dr. Alex Itticheria and Anr. vs. Superintendent Engineer,
 Kerala State Transport Project and Ors.]
(Kerala HC, 04.02.2014)