GREATER NOIDA IND. DEV. AUTHORITY Vs SAVITRI MOHAN (D) THR. LRS
Bench: ANIL R. DAVE,ADARSH KUMAR GOEL
Case number: C.A. No.-005372-005372 / 2016
Diary number: 16271 / 2014
Advocates: RAVINDRA KUMAR Vs
Page 1
1
REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5372 OF 2016 (ARISING OUT OF SLP (CIVIL) NO.9550 of 2015
GREATER NOIDA IND. DEV. AUTHORITY …APPELLANT
VERSUS
SAVITRI MOHAN (D) THROUGH LRS. & ORS. ...RESPONDENTS
J U D G M E N T
ADARSH KUMAR GOEL, J.
1. Leave granted. This appeal has been preferred against
judgment and order dated 30th May, 2012 of the High Court of
Judicature at Allahabad in Civil Miscellaneous Writ Petition
No.13109 of 2009 whereby the High Court allowed the writ petition
and set aside the notification dated 12th March, 2008 under Section
4(1) and Section 17(4) of the Land Acquisition Act, 1894 (the Act)
and the notification dated 3rd February, 2009 under Section 6 read
with Section 17(1) of the 1894 Act.
Page 2
2
2. The notified purpose for acquisition of land is ‘planned
industrial development’ of Greater Noida Industrial Development
Authority (GNIDA). Land of the respondents is in Village
Chhapruala and is part of larger area of land acquired falling in
many adjoining villages. The Award was declared on 31st March,
2011.
3. The original petitioners did not receive the compensation as
they had already filed a petition in the High Court on 3 rd March,
2009 mainly on the ground that the urgency clause could not have
been invoked so as to deprive the land owners of their right to file
objections. On coming to know of the proposed acquisition, the
respondents made representation dated 11th April, 2008 stating
that they were running an agro based industry and floriculture for
producing hybrid seeds of flowers. Case of the writ petitioners was
that possession was wrongly shown to have been taken on 9th
March, 2009 as interim order was already passed on 5th March,
2009.
4. The writ petitioners relied upon decisions of this Court inter
alia in Anand Singh versus State of U.P.1, Dev Sharan versus
State of U.P.2, Radhey Shyam (dead) through Lrs. versus
State of U.P.3, Devendra Kumar Tyagi & Ors. versus State of
1 (2010) 11 SCC 242 2 (2011) 4 SCC 769 3 (2011) 5 SCC 553
Page 3
3
U.P.4, Devendra Singh & Ors. versus State of U.P. & Ors.5,
Greater Noida Industrial Development Authority versus
Devendra Kumar & Ors.6, and Darshan Lal Nagpal versus
Government of NCT of Delhi & Ors.7 in support of their case.
5. The stand of the State is that having regard to immediate need
for development and likelihood of illegal and unauthorized
constructions, invocation of urgency clause was justified. It was
submitted that the power under Article 226 should not be exercised
so as to obstruct development of infrastructure which will serve
larger public interest. Instead, the relief could be moulded so to
compensate the writ petitioners. It was submitted that the land
was part and parcel of larger area. In view of substantial
development having taken place, the plea of the writ petitioners
should not be considered in isolation. Reliance was placed on a Full
Bench Judgment of the High Court in Gajraj and others versus
State of U.P. and others.8 whereby 461 petitions were decided.
Acquisition was upheld but additional compensation
of 64.70 per cent was awarded with further direction to allot
developed plots to the extent of 10 per cent of the acquired land
subject to maximum of 2500 square meters as against allotment of
abadi plots to the extent of 6 per cent. This order was passed
4 (2011) 9 SCC 164 5 (2011) 9 SCC 551 6 (2011) 12 SCC 375 7 (2012) 2 SCC 327 8 (2011) 11 ADJ (1)
Page 4
4
having regard to the extent of development, which had already
taken place after the acquisition. The said judgment also covered
land of village Chhapraula as a part of group No.18 (out of 65
groups). While discussing the writ petitions of village Chhapraula,
the Full Bench judgment noted that compensation had already
been disbursed to the extent of 76 per cent.
6. The Division Bench of the High Court, following the decisions
of this Court referred to above, held that power of dispensing
inquiry under Section 5A could be exercised in exceptional
situations and not without real urgency. In the present case,
invocation of urgency was not justified. The judgment of the Full
Bench in Gajraj (supra) was distinguished on the ground that
therein the writ petition was filed with delay of two years and in
some cases where there was no delay, the acquisition had been
quashed.
7. GNIDA has challenged the view of the High Court mainly on
the ground that the Division Bench has taken a view contrary to the
view taken by the Full Bench which by now stands affirmed by this
Court in Savitri Devi versus State of Uttar Pradesh9. Subject
to the moulding of relief as above, the Full Bench had upheld the
acquisition relating to village Chhapraula covered by the very same
notification as in the present case. It was submitted that large
9 (2015) 7 SCC 21
Page 5
5
scale development work had already been executed on the
acquired land. 82 per cent land owners had accepted
compensation which covered 76 per cent of the land in terms of the
area, the GNIDA had constructed roads, laid down sewer lines,
electric transmission lines, developed green belts, provided
drinking water facility and other infrastructure. In these
circumstances, the impugned judgment could not be sustained.
Learned counsel for the respondents supports the impugned
judgment.
8. We have heard learned counsel for the parties at length and
perused the record including the lay out plan showing Sectors 13
and 16 (Ind.) in Greater Noida (West).
9. Only question for consideration is whether the matter is
covered by the judgment of this Court in Savitri Devi (supra), as
claimed by the appellant in which case the respondents will be
entitled to relief of higher compensation and allotment of land
instead of quashing of acquisition proceedings.
10. Our attention has been drawn to the relevant part of the full
Bench judgment of the High Court in Gajraj (supra) as follows :
“50. The writ petitions of Group-18 relate to village Chhapraula. In Writ Petition No.46775 of 2011 (Jai Pal And Others v. State of U.P. and others) pleadings are complete which is treated as leading writ petition of village
Page 6
6
Chhapraula. This writ petition has been filed by 48 tenure holders challenging the notification dated 12th March, 2008 issued under Section 4 read with Sections 17(1) and 17(4) of the Act proposing acquisition of 68.129 hectares land of village Chhapraula. The declaration under Section 6 of the Act was issued on 3rd February, 2009. The State Government by Government order dated 8th September, 1997 and 9th February, 2005 has issued specific directions to the acquiring bodies not to include the land covered by abadi in the acquisition and in case it is utmost necessary for acquisition displaced person be given comparable land. The petitioners claim to be in actual possession of the land. It has been pleaded that it has become fashionable to discriminatingly apply the provisions of Section 17(4) of the Act in every case of acquisition. The land has been allotted to private builders whereas the purpose of acquisition was planned industrial development. In the counter affidavit filed by the State it has been stated that possession of the land was taken on 9th March, 2009 and award was declared on 21st March, 2011. Copies of the possession memo and award have been brought on the record. According to paragraph 24 of the counter affidavit, the land use of part of Sector Tech Zone was changed from institutional to residential and similarly land use of part of Sector Echotech-13 was changed from industrial to institutional which changes were approved by the Board on 11th February, 2010 and also the same were approved by the Government on 30th March, 2010. The compensation has been disbursed to the extent of 76%. An application for intervention has been filed on behalf of M/s Marion Biotech Private Limited which claim allotment of land by allotment letter dated 31st March, 2011 of an area of 10,000 square meters as an industrial plot in Echotech-16. The applicant claims that 200-300 persons shall be employed in the project.”
11. Operative part of the order is as follows :
“21. ….. In view of the foregoing conclusions we order as follows:
1. The Writ Petition No. 45933 of 2011, Writ Petition No. 47545 of 2011 relating to village Nithari, Writ Petition No. 47522 of 2011 relating to village Sadarpur, Writ Petition No. 45196 of 2011, Writ Petition No. 45208 of 2011, Writ Petition No. 45211 of 2011, Writ Petition No. 45213 of 2011, Writ Petition No. 45216 of 2011, Writ Petition No. 45223 of 2011, Writ Petition No. 45224 of 2011, Writ Petition No. 45226 of 2011, Writ Petition No. 45229 of 2011, Writ Petition No. 45230
Page 7
7
of 2011, Writ Petition No. 45235 of 2011, Writ Petition No. 45238 of 2011, Writ Petition No. 45283 of 2011 relating to village Khoda, Writ Petition No. 46764 of 2011, Writ Petition No. 46785 of 2011 relating to village Sultanpur, Writ Petition No. 46407 of 2011 relating to village Chaura Sadatpur and Writ Petition No. 46470 of 2011 relating to village Alaverdipur which have been filed with inordinate delay and laches are dismissed.
2(i). The writ petitions of Group 40 (Village Devla) being Writ Petition No. 31126 of 2011, Writ Petition No. 59131 of 2009, Writ Petition No. 22800 of 2010, Writ Petition No. 37118 of 2011, Writ Petition No. 42812 of 2009, Writ Petition No. 50417 of 2009, Writ Petition No. 54424 of 2009, Writ Petition No. 54652 of 2009, Writ Petition No. 55650 of 2009, Writ Petition No. 57032 of 2009, Writ Petition No. 58318 of 2009, Writ Petition No. 22798 of 2010, Writ Petition No. 37784 of 2010, Writ Petition No. 37787 of 2010, Writ Petition No. 31124 of 2011, Writ Petition No. 31125 of 2011, Writ Petition No. 32234 of 2011, Writ Petition No. 32987 of 2011, Writ Petition No. 35648 of 2011, Writ Petition No. 38059 of 2011, Writ Petition No. 41339 of 2011, Writ Petition No. 47427 of 2011 and Writ Petition No. 47412 of 2011 are allowed and the notifications dated 26.5.2009 and 22.6.2009 and all consequential actions are quashed. The Petitioners shall be entitled for restoration of their land subject to deposit of compensation which they had received under agreement/award before the authority/Collector.
2(ii). Writ petition No. 17725 of 2010 Omveer and Ors. v. State of U.P. (Group 38) relating to village Yusufpur Chak Sahberi is allowed. Notifications dated 10.4.2006 and 6.9.2007 and all consequential actions are quashed. The Petitioners shall be entitled for restoration of their land subject to return of compensation received by them under agreement/award to the Collector.
2(iii). Writ Petition No. 47486 of 2011 (Rajee and Ors. v. State of U.P. and Ors.) of Group-42 relating to village Asdullapur is allowed. The notification dated 27.1.2010 and 4.2.2010 as well as all subsequent proceedings are quashed. The Petitioners shall be entitled to restoration of their land.
3. All other writ petitions except as mentioned above at (1) and (2) are disposed of with following directions:
Page 8
8
(a) The Petitioners shall be entitled for payment of additional compensation to the extent of same ratio (i.e. 64.70%) as paid for village Patwari in addition to the compensation received by them under 1997 Rules/award which payment shall be ensured by the Authority at an early date. It may be open for Authority to take a decision as to what proportion of additional compensation be asked to be paid by allottees. Those Petitioners who have not yet been paid compensation may be paid the compensation as well as additional compensation as ordered above. The payment of additional compensation shall be without any prejudice to rights of land owners Under Section 18 of the Act, if any.
(b) All the Petitioners shall be entitled for allotment of developed Abadi plot to the extent of 10% of their acquired land subject to maximum of 2500 square meters. We however, leave it open to the Authority in cases where allotment of abadi plot to the extent of 6% or 8% have already been made either to make allotment of the balance of the area or may compensate the land owners by payment of the amount equivalent to balance area as per average rate of allotment made of developed residential plots.
4. The Authority may also take a decision as to whether benefit of additional compensation and allotment of abadi plot to the extent of 10% be also given to;
(a) those land holders whose earlier writ petition challenging the notifications have been dismissed upholding the notifications; and
(b) those land holders who have not come to the Court, relating to the notifications which are subject matter of challenge in writ petitions mentioned at direction No. 3.
5. The Greater NOIDA and its allotees are directed not to carry on development and not to implement the Master Plan 2021 till the observations and directions of the National Capital Regional Planning Board are incorporated in Master Plan 2021 to the satisfaction of the National Capital Regional Planning Board. We make it clear that this direction shall not be applicable in those cases where the development is being carried on in accordance with the earlier Master Plan of Greater NOIDA duly approved by the National Capital Regional Planning Board.
Page 9
9
6. We direct the Chief Secretary of the State to appoint officers not below the level of Principal Secretary (except the officers of Industrial Development Department who have dealt with the relevant files) to conduct a thorough inquiry regarding the acts of Greater Noida (a) in proceeding to implement Master Plan 2021 without approval of N.C.R.P. Board, (b) decisions taken to change the land use, (c) allotment made to the builders and (d) indiscriminate proposals for acquisition of land, and thereafter the State Government shall taken appropriate action in the matter.”
12. Perusal of the above shows that compensation had already
been disbursed to the extent of 76 per cent. Thereafter, for the
entire land of village Chhapraula falling in Group No.18, the relief
granted is payment of additional compensation and allotment of
land. As already noted, the part of the order where relief of
quashing of notification has been given is not of the category of
the present case. In these circumstances, we find merit in the
contention raised on the behalf of the appellant that the division
bench was in error in distinguishing the present case from the
judgment in Gajraj (supra).
13. As observed by this Court in Savitri Devi (supra), in spite
of the finding that invocation of urgency clause was uncalled for,
the relief of setting aside the acquisition was not granted having
regard to the development that had already undertaken on
substantial part of the land. However, to balance the equities
higher compensation and allotment of land was ordered to meet
Page 10
10
the ends of justice.10
14. Learned counsel for the respondents vehemently submitted
that present case calls for the relief of quashing the acquisition as
in the present case, the writ petitioners have approached the Court
without any delay.
15. This argument cannot be accepted in view of the fact that Full
Bench judgment as upheld by this Court is not based on the extent
of delay in individual cases. Consideration for not granting the
relief of quashing the acquisition is overall development on
substantial part of the acquired land as noted in para 50 of the Full
Bench judgment already quoted hereinabove. Filing of prompt
petitions by an individual is not the only consideration for grant of
relief of quashing acquisition when almost entire land has already
been developed. The Full Bench has quashed acquisition only
where substantial part of the land had not been developed. The
category of the judgment where acquisition has not been quashed
covers the entire village where land of the respondents is located.
16. The respondents are, thus, entitled to be treated at par with
other similarly placed persons. They are entitled to the following
relief as per para 48.1 to 48.3 of the judgment of this Court in
Savitri Devi (supra):
10 para 17 of the judgment
Page 11
11
“ 48.1. Increasing the compensation by 64.7%;
48.2. Directing allotment of developed abadi land to the extent of 10% of the land acquired of each of the landowners;
48.3. Compensation which is increased @64.7% is payable immediately without taking away the rights of the landowners to claim higher compensation under the machinery provided in the Land Acquisition Act wherein the matter would be examined on the basis of the evidence produced to arrive at just and fair market value. ”
17. As earlier noted in para 11 earlier, allotment of 10% of the
acquired land to the concerned land owners is subject to maximum
of 2500 sq. meters.
18. In view of the above, we allow this appeal, set aside the
impugned judgment and direct disposal of the writ petitions of the
respondents in terms of the judgment of this Court in Savitri Devi
(supra). There will be no order as to costs.
…………………………………..J. [ ANIL R. DAVE ]
…………………………………..J. [ ADARSH KUMAR GOEL ]
NEW DELHI; JUNE 29 , 2016.