Section 24(2) of new Land Act 2013 which is applicable from 1st January 2014. The Section 24 talks about return of land or coverage under new act for all cases where award was passed 5 years "before the commencement of this act" in case landowners not paid compensation or physical possession was not taken. Accordingly, all cases where land was acquired under LA Act 1894 and award was passed on or before 1.1.2009, compensation not paid or physical possession not taken, shall fall under new and land acquisition proceedings shall be considered lapsed.
The new law is applicable from 1.1.2014. Principally, legally, technically all those cases which comply with above 2 conditions (no compensation or no physical possession) before 1.1.2009 and after 1.1.2014 will automatically fall under new law. But how about cases between 1.1.2009 to 1.1.2014 if they too meet similar conditions where award under section 11 of LA Act 1894 subsequently completing 5 years, 6 years, 7 years+ and no compensation paid or physical possession not taken, does the act have no coverage???
Say, an award under LA Act 1894 was made on Nov 2009 and it completed 5 years or 6 years+ in Nov 2014 or Nov 2015 without compensation or possession, this act is silent on this period completely. The section 24 has been worded as “five years before the commencement of the act” whereas it should have been “five years before the commencement of the act and cases subsequently completing 5 years & above”. It probably is depriving farmers whose award were made between 2009 to 2014 and despite meeting 2 very conditions of the act, it will have no coverage even if award completes 6 years, 7 years, or even 10 years... It seems quite impractical and legally unfair that even if 10 years passing for cases between 2009 to 2014 will not fall under new law / Sec 24 of the land act 2013
