Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
25.
Land acquisition process under Act No. 1 of 1894 shall be deemed
to have lapsed in certain cases.
1.
Notwithstanding
anything contained in this Act, in any case of land acquisition proceedings
initiated under the Land Acquisition Act, 1894,-
a. where no award under
section 11 of the said Land Acquisition Act has been made, then, all provisions
of this Act relating to the determination of compensation, rehabilitation and
resettlement shall apply; or
b. where an award under
said section 11 has been made, then such proceedings shall continue under the
provisions of the said Land Acquisition Act, as if the said Act has not been
repealed.
2.
Notwithstanding
anything contained in sub-section (1), in case of land acquisition proceedings
initiated under the Land Acquisition Act, 1894, where an award under the said
section 11 has been made five years or more prior to the commencement of this
Act but the physical possession of the land has not been taken or the
compensation has not been paid the said proceedings shall be deemed to have
lapsed and the appropriate Government, if it so chooses, shall initiate the
proceedings of such land acquisition afresh in accordance with the provisions
of this Act:
Provided that where
an award has been made and compensation in respect of a majority of land
holdings has not been accepted, then, all beneficiaries specified in the
notification for acquisition under section 4 of the said Land Acquisition Act,
shall be entitled to compensation in accordance with the provisions of this
Act.