U.P. Avas Evam Vikas Parishad vs Chandra Shekhar 2024 INSC 210 :: [2024] 3 S.C.R. 585 – U.P. Avas Evam Vikas Parishad Adhiniyam – RFCTLARR

U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 ; Section 55 -It may be seen from Section 55 of the 1965 Act that the compensation for the acquired land was required to be assessed in accordance with the provisions of the Land Acquisition Act 1894, which stood repealed w.e.f. 01.01.2014 by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Section 55 of the 1965 Act cannot be given effect unless it is declared by way of a deeming fiction that instead of 1894 Act which now stands repealed, the compensation shall be assessed in accordance with the provisions of the 2013 Act. We hold accordingly. Since the acquisition could not attain finality before 01.01.2014, the Acquiring Authority/Board are obligated to pay compensation to the ex­propriated owners, as is to be assessed in accordance with Section 24(1) of the 2013 Act.

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