JUDGEMENT
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(1.)These appeals have arisen from the impugned judgment and order dated 11.5.2007 passed by the High Court of Delhi in Writ Petition (Civil) Nos. 2529 of 1985; 889 of 1986; 988 of 1986; 2155 of 1987; 2645 of 1987; and 2747 of 1987, by which and whereunder, the High Court has quashed the land acquisition proceedings in view of the fact that the objections filed by the respondents-tenure holders under Section 5A of Land Acquisition Act, 1894 (hereinafter referred to as 'the Act 1894'), had not been considered by the statutory authorities in strict compliance of principles of natural justice and thus, the subsequent proceedings stood vitiated, relying on the main judgment and order of the same date passed in Writ Petition (Civil) No.424 of 1987 titled Chatro Devi v. Union of India.
(2.)Facts and circumstances giving rise to these appeals are that:
A. The land of the respondents-tenure holders being survey no. 619/70, etc. admeasuring 50,000 bighas situated in revenue village Chhatarpur, stood notified under Section 4 of the Act 1894 on 25.11.1980 for public purposes, namely, the "planned development of Delhi" and objections under Section 5A were invited from the persons interested within 30 days of the said Notification.
B. Respondents - persons interested, filed their objections under Section 5A of the Act 1894. However, without considering and disposing of the same, declaration under Section 6 of the Act 1894 was made on 7.6.1985. Notices under Sections 9 of the Act 1894 were also issued on 30.12.1986 to the persons interested. It was at this stage that the tenure holders filed writ petitions before the High Court challenging the acquisition proceedings contending that proceedings could not be continued without disposing of the objections filed by them under Section 5A of the Act 1894. Admittedly, the Award No. 15/1987-88 was made by the Land Acquisition Collector on 5.6.1987.
C. In respect of the land covered by the same notification under Section 4 of the Act 1894, a very large number of writ petitions had been filed. The said writ petitions filed on different grounds were decided by different Benches at different points of time. So far as the present group of cases is concerned, the matter was heard at length and a Division Bench of the Delhi High Court examined the contentions raised on behalf of the tenure holders/persons interested which vide judgment and order dated 3.3.2005 held that the notification under Section 6 of the Act 1894 was within the period stipulated for the purpose after excluding the period during which the interim stay order passed by the High Court remained into operation and where the objections have not been filed, the impugned declaration under Section 6 of the Act 1894 could not be assailed on the ground of invalidity of inquiry under Section 5A of the Act 1894. However, on the said issue in the cases where the objections had been filed by the tenure holders and they had been given personal hearing by one Collector but the report was submitted by his successor i.e. another Collector, the Division Bench differed in opinion whether the report could be held to be legal or not, mainly relying upon the Constitution Bench judgment of this Court in Gullapalli Nageswara Rao & Ors. v. Andhra Pradesh State Road Transport Corporation & Anr., 1959 AIR(SC) 308 wherein it has categorically been held that the Authority which hears the objectors must pass the order. In case an Authority hears the objectors and demits the office or stands transferred, his successor should hear the parties afresh and not giving the opportunity of fresh hearing by the successor officer would amount to failure of principles of natural justice and his order would stand vitiated.
D. In view thereof, the matter was referred to the third Judge vide order dated 3.3.2005 and vide judgment and order dated 20.12.2006, the Hon'ble third Judge held that in such a situation where objections had been filed and had been heard by one Collector and the report had been submitted by another Collector, the proceedings stood vitiated being in violation of principles of natural justice.
E. In view of the majority opinion, as is evident from the order dated 11.5.2007, the proceedings in such an eventuality stood quashed by the impugned judgment and order.
Hence, these appeals.
(3.)Shri P.P. Malhotra, learned Additional Solicitor General, Ms. Geeta Luthra and Shri Sanjay Poddar, learned Senior Counsel, have addressed a large number of legal and factual issues and also submitted that the judgment and order of the High Court are not sustainable in the eyes of law. Therefore, the question quashing the land acquisition proceedings in such circumstances did not arise. More so, the commencement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act 2013) would not take away the proceedings initiated under the Act 1894 by operation of law as provided under Section 24 of the Act 2013. In the instant case, in case, the appeals succeed on the main ground as to whether the successor officer could submit the report on 5A objections there could be no prohibition for the appellants to proceed with the land acquisition proceedings initiated in 1980. The objections raised were vague and had been in respect of limitation and were not specific in nature. None of the writ petitioners had raised the issue about violation of principles of natural justice in the writ petitions, though some of them amended their writ petitions but at a subsequent stage. Some of the writ petitions had been filed by persons who came into possession of the land subsequent to Section 4 notification.