DELHI DEVELOPMENT AUTHORITY Vs. RAJ SINGH
SUPREME COURT OF INDIA
DELHI DEVELOPMENT AUTHORITY
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M.R.SHAH, J. -
(1.)Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 27/11/2018 passed by the High
Court of Delhi at New Delhi in Writ Petition (Civil) No.10800
of 2016 by which the High Court has allowed the said Writ
Petition and has declared that the land acquisition
proceedings with respect to the land in question under Land
Acquisition Act, 1894 is deemed to have lapsed under Subsec. (2) of Sec. 24 of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (hereinafter referred to as 'the Act
2013 '), the Delhi Development Authority has preferred the present appeal.
(2.)From the impugned judgment and order passed by the High Court it appears that though in the counter affidavit filed
before the High Court filed by the Land Acquisition Collector it
was stated that the possession was taken on 19/1/2006.
However, the details of the payment of compensation are not
available with the LAC Branch and therefore it is not possible
to state anything about payment of compensation, the High
Court has allowed the Writ Petition and has declared that the
land acquisition with respect to the land in question is
deemed to have lapsed under Subsec. (2) of Sec. 24 of
the Act, 2013 solely on the ground that the amount of
compensation was not paid to the land owners.
2.1 Now it is required to be noted that before the High Court it was stated on behalf of the DDA that it released a sum of Rs.10.00 crores to the Land and Building Department way back on 28/8/1990 in respect of the land acquired. Therefore, the High Court has allowed the writ petition and has declared that the acquisition proceedings with respect to the land in question is deemed to have lapsed under subsec. (2) of Sec. 24 of the Act, 2013 solely on the ground that the compensation was not actually paid to the land owners.
(3.)The view taken by the High Court is unsustainable in view of the Constitution Bench decision of this Court in the
case of Indore Development Authority Vs. Manoharlal and
Ors., (2020) 8 SCC 129. In paragraphs 365 and 366, the
Constitution Bench of this Court has observed and held as
"365. Resultantly, the decision rendered in Pune Municipal Corpn. [Pune Municipal Corpn. v. Harakchand Misirimal Solanki, (2014) 3 SCC 183] is hereby overruled and all other decisions in which Pune Municipal Corpn. [Pune Municipal Corpn. v. Harakchand Misirimal Solanki, (2014) 3 SCC 183] has been followed, are also overruled. The decision in Sree Balaji Nagar Residential Assn. [Sree Balaji Nagar Residential Assn. v. State of T.N., (2015) 3 SCC 353] cannot be said to be laying down good law, is overruled and other decisions following the same are also overruled. In Indore Development Authority v. Shailendra [(2018) 3 SCC 412], the aspect with respect to the proviso to Sec. 24(2) and whether "or " has to be read as "nor " or as "and " was not placed for consideration. Therefore, that decision too cannot prevail, in the light of the discussion in the present judgment.
366. In view of the aforesaid discussion, we answer the questions as under:
366.1. Under the provisions of Sec. 24(1) (a) in case the award is not made as on 112014, the date of commencement of the 2013 Act, there is no lapse of proceedings. Compensation has to be determined under the provisions of the 2013 Act.
366.2. In case the award has been passed within the window period of five years excluding the period covered by an interim order of the court, then proceedings shall continue as provided under Sec. 24(1)(b) of the 2013 Act under the 1894 Act as if it has not been repealed. 366.3. The word "or " used in Sec. 24(2) between possession and compensation has to be read as "nor " or as "and ". The deemed lapse of land acquisition proceedings under Sec. 24(2) of the 2013 Act takes place where due to inaction of authorities for five years or more prior to commencement of the said Act, the possession of land has not been taken nor compensation has been paid. In other words, in case possession has been taken, compensation has not been paid then there is no lapse. Similarly, if compensation has been paid, possession has not been taken then there is no lapse.
366.4. The expression "paid " in the main part of Sec. 24(2) of the 2013 Act does not include a deposit of compensation in court. The consequence of nondeposit is provided in the proviso to Sec. 24(2) in case it has not been deposited with respect to majority of landholdings then all beneficiaries (landowners) as on the date of notification for land acquisition under Sec. 4 of the 1894 Act shall be entitled to compensation in accordance with the provisions of the 2013 Act. In case the obligation under Sec. 31 of the Land Acquisition Act, 1894 has not been fulfilled, interest under Sec. 34 of the said Act can be granted. Nondeposit of compensation (in court) does not result in the lapse of land acquisition proceedings. In case of nondeposit with respect to the majority of holdings for five years or more, compensation under the 2013 Act has to be paid to the "landowners " as on the date of notification for land acquisition under Sec. 4 of the 1894 Act.
366.5. In case a person has been tendered the compensation as provided under Sec. 31(1) of the 1894 Act, it is not open to him to claim that acquisition has lapsed under Sec. 24(2) due to nonpayment or nondeposit of compensation in court. The obligation to pay is complete by tendering the amount under Sec. 31(1). The landowners who had refused to accept compensation or who sought reference for higher compensation, cannot claim that the acquisition proceedings had lapsed under Sec. 24(2) of the 2013 Act.
366.6. The proviso to Sec. 24(2) of the 2013 Act is to be treated as part of Sec. 24(2), not part of Sec. 24(1)(b).
366.7. The mode of taking possession under the 1894 Act and as contemplated under Sec. 24(2) is by drawing of inquest report/memorandum. Once award has been passed on taking possession under Sec. 16 of the 1894 Act, the land vests in State there is no divesting provided under Sec. 24(2) of the 2013 Act, as once possession has been taken there is no lapse under Sec. 24(2).
366.8. The provisions of Sec. 24(2) providing for a deemed lapse of proceedings are applicable in case authorities have failed due to their inaction to take possession and pay compensation for five years or more before the 2013 Act came into force, in a proceeding for land acquisition pending with the authority concerned as on 112014. The period of subsistence of interim orders passed by court has to be excluded in the computation of five years.
366.9. Sec. 24(2) of the 2013 Act does not give rise to new cause of action to question the legality of concluded proceedings of land acquisition. Sec. 24 applies to a proceeding pending on the date of enforcement of the 2013 Act i.e. 112014. It does not revive stale and timebarred claims and does not reopen concluded proceedings nor allow landowners to question the legality of mode of taking possession to reopen proceedings or mode of deposit of compensation in the treasury instead of court to invalidate acquisition. "
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