Mohini Tamakuwala 06 January 2025
Can someone please answer this question. Special land acquisition officer declared award under old land acquistion act on 16-12-2013 i.e after the New law was enacted but before it was enforced i.e 1-1-2014. Possession of land was taken in 2014. Is there any provision under land aquisition Act 2013 for this time period or it would considered to be under old law.
Thanks.
T. Kalaiselvan, Advocate (Advocate) 06 January 2025
You can seek for enhancement of the award as per the latest law in this reagard
Dr. J C Vashista (Advocate ) 07 January 2025
No Act/ Law can be imposed retropectively untill there is specific mention in the Act / Law. Accordingly provisions of Land Acquisition Act, 1894 shall apply in the instant case.
T. Kalaiselvan, Advocate (Advocate) 07 January 2025
you can claim compensation for land acquisition if the award was granted in 2014 under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act.)
The RFCTLARR Act came into force on January 1, 2014, replacing the Land Acquisition Act of 1894.
Section 24(2) of the RFCTLARR Act states that land acquisition proceedings initiated under the Land Acquisition Act of 1894 are deemed to have lapsed if an award was made under Section 11 more than five years before the RFCTLARR Act came into effect.
In such cases, the appropriate government can initiate fresh proceedings in accordance with the RFCTLARR Act.
P. Venu (Advocate) 07 January 2025
What is the context for this query?
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