RELIANCE POWER LTD.FORM.R.E.GENERAN.LTD. Vs BABU SINGH & ORS.ETC.ETC.
Bench: T.S. THAKUR,C. NAGAPPAN,ADARSH KUMAR GOEL
Case number: C.A. No.-008791-008818 / 2014
Diary number: 39227 / 2009
Advocates: E. C. AGRAWALA Vs
RISHI MALHOTRA
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 8791-8818 of 2014 [Arising out of Special Leave Petition (C) Nos.36425-36452 of
2009]
RELIANCE POWER LTD. …….. APPELLANT
VERSUS
BABU SINGH AND ORS. ETC. ETC. ….. RESPONDENTS
WITH
CIVIL APPEAL NOS. 8819-8831 OF 2014 [Arising out of SLP (C) Nos.36616-36628 of 2009]
WITH
CIVIL APPEAL NOS. 832-8833 OF 2014 [Arising out of SLP (C) Nos.171-172 of 2010]
WITH
CIVIL APPEAL NO. 8834 OF 2014 [Arising out of SLP (C) No.1937 of 2010]
WITH
CIVIL APPEAL NO.8835 OF 2014 [Arising out of SLP (C) No.29549 of 2010]
WITH
WRIT PETITION (C) NO.304 OF 2010
WITH
CIVIL APPEAL NOS. 8836-8839 OF 2014 [Arising out of SLP (C) Nos.35239-35242 of 2012]
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J U D G M E N T
ADARSH KUMAR GOEL J.
1. Leave granted. The interlocutory applications are
allowed.
2. These appeals arise out of the land acquisition
proceedings initiated by the State of U.P. under the provisions
of the Land Acquisition Act, 1894 [for short ‘the Act’]. By the
impugned judgment, the High Court quashed the two
notifications Dated 25th June, 2004 and 20th February, 2007
underSection 6 of the Act and partly quashed notifications
under Section 4 of the Act dated 11th February, 2004 and
29th August, 2006 to the extent of invocation of urgency clause
with liberty to the State to proceed with the hearing of
objections under Section 5A of the Act and with further
direction as to refund of compensation already received by the
land owners. The operative part of the order is as follows:-
“1. The notification dated 11th February, 2004 under Section 4 of the Act is partly quashed to the extent it invokes Section 17(1)/17(4) and mentions the acquisition as an acquisition for “public purpose”. All subsequent proceedings consequent to the notification dated 11th February, 2004 including the notification under Section 6 dated 25th June, 2004 are
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quashed.
2. The Collector shall proceed with the inquiry under Section 5A in continuation of the notification dated 11th February, 2004 and proceed with the proceedings in accordance with the provisions of the Act. The notice be issued by the Collector inviting objection under Section 5A of the Act in newspaper having wide circulation by not giving less than 30 days period for filing objection.
3. The notification under Section 4 dated 29th August, 2006 is partly quashed insofar as it invokes Section 17(1) and 17(4) of the Act. All subsequent proceedings consequent to the notification dated 29th August, 2006 including the notification under Section 6 dated 20th February, 2007 are quashed.
4. The Collector shall proceed with the inquiry under Section 5A in continuation of the notification dated 29th August, 2006 and proceed with the proceedings in accordance with the provisions of the Act. The notice be issued by the Collector inviting objection under Section 5A of the Act in newspaper having wide circulation by not giving less than 30 days period for filing objection.
5. As a result of quashing of the notification dated 25th June, 2004 and 20th February, 2007, the petitioners are liable to refund the compensation received from the respondents. However, we provide that it shall be open for those tenure holders, who have no objection to the acquisition, to indicate so in their objection to be filed under Section 5A in which event they may seek exemption from the Collector for refunding the compensation. The Collector shall proceed to decide the objection under Section 5A of the Act of only those tenure holders who have refunded the compensation received by them.
6. The Collector may recover the compensation as arrears of land revenue from the tenure holders who before the Collector do not in writing indicate their no objection with the acquisition.
7. The Collector in the proceedings for acquisition and hearing of the objection under Section 5A of the Act shall be entitled to pass such orders and take such proceedings as may be necessary with regard to refund/deposit of the compensation.
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8. We further direct the Collector to get the substance of this order published in all the leading newspapers, both in English and Hindi, for information to all concerned.”
3. Though most of the appeals have been preferred by
M/s Reliance Power Ltd. [formerly known as Reliance Energy
Generation Ltd.] [for short ‘the Company’] at whose instance
the land in question was sought to be acquired, against part
quashing of acquisition proceedings, some of the land owners
have also appealed to this Court with the grievance that
having held that the proceedings were initiated on the grounds
of illegality and fraud, the High Court ought to have quashed
the acquisition proceedings in entirety.
4. The appeals were heard and judgment reserved
on 6th August, 2014. But before pronouncement of the
judgment, an affidavit has been filed on behalf of the Company
seeking to surrender all rights in respect of the land covered by
the above notifications dated 11th February, 2004 and 29th
August, 2006, stating that on account of the difficulty in
securing domestic natural gas to run the plant which was
sought to be set up, it will not be feasible for the Company to
utilise the land for the purpose for which the same was
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acquired.
5. While we note the submissions made on behalf of the
Company, we find that the impugned judgment was rendered
on 4th December, 2009, and no stay has been granted by this
Court. The State has not chosen to challenge the findings
recorded by the High Court. On this ground itself, proceedings
lapse as limitation for issuing notifications under Section 6 of
the Act or for making award in respect of proceedings initiated
vide notifications of Section 4 of the Act dated 11th February,
2004 and 29th August, 2006 has expired.
6. In these circumstances no further question survives for
consideration. We need not go into the question raised on
behalf of the tenure holders that once the proceedings were
vitiated by fraud and colourable exercise of power, such
proceedings could not be revived in view of law laid down in
Vyalikaval Housebuilding Coop. Society vs. V.
Chandrappa & Ors. 1 , Greater Noida Industrial
Development Authority vs. Devendra Kumar & Ors. 2 . The
direction requiring the Collector to proceed with the enquiry 1 (2007) 9 SCC 304 2 (2011) 12 SCC 375
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under Section 5A of the Act has been rendered infructuous.
Further direction that the tenure holders who had received any
amount from the Company and wanted to file objections were
liable to refund the same and those who had no objection could
seek exemption from refund failing which the Collector could
recover the amount paid by the Company as arrears of land
revenue also does not survive. Since notification under Section
6 of the Act could no longer be issued at this stage, the
question of any tenure holder having or not having objection
does not survive for consideration as enquiry under Section 5A
of the Act could serve no purpose when notification under
Section 6 of the Act can no longer be issued. Direction of the
High Court could, thus, no longer be given effect to.
7. In view of the above, the appeals are disposed of as
infructuous without prejudice to any other remedy for the
Company to recover the amount, if any, paid and for tenure
holders to claim damages, if any, from the Company in any
other proceedings.
8. WRIT PETITION (C) NO.304 OF 2010
In view of the order passed in Civil Appeal Nos…......... of
2014 (arising out of Special Leave Petition (C) Nos.36425-
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36452 of 2009 etc.), this writ petition is also disposed of in the
same terms.
…………………………….J. [ T.S. THAKUR ]
……………………………..J. [ C. NAGAPPAN ]
………………………………..J. NEW DELHI [ ADARSH KUMAR GOEL ] September 16, 2014
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ITEM NO.1E-For Judgment COURT NO.14 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 36425- 36452/2009 RELIANCE POWER LTD.FORM.R.E.GENERAN.LTD. Petitioner(s) VERSUS BABU SINGH & ORS.ETC.ETC. Respondent(s) WITH SLP(C) No. 36616-36628/2009 SLP(C) No. 171-172/2010 W.P.(C) No. 304/2010 SLP(C) No. 1937/2010 SLP(C) No. 29549/2010 SLP(C) No. 35239-35242/2012 Date : 16/09/2014 These petitions were called on for JUDGMENT today.
For Petitioner(s) Mr. E. C. Agrawala,Adv. Mr. Rameshwar Prasad Goyal,Adv. Mr. Rishi Malhotra,Adv. Mr. Ashok K. Mahajan,Adv. Mr. Abinash Kumar Mishra,Adv. For Respondent(s)
Mr. A.V. Balan, Adv. Mr. V.S. Lakshmi, Adv. Dr. Surat Singh, Adv. Mr. Ashok Mahajan, Adv. Mr. Anil Kumar Tandale,Adv.
Mr. Rishi Malhotra,Adv. Mr. Anuvrat Sharma,Adv. Mr. Aftab Ali Khan,Adv.
Mr. Ravi Kumar Tomar,Adv. Mr. Abinash Kumar Mishra,Adv.
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Hon'ble Mr. Justice Adarsh Kumar Goel pronounced the judgment of the Bench comprising Hon'ble Mr. Justice T.S. Thakur, Hon'ble Mr. Justice C. Nagappan and His Lordship.
Leave granted. The appeals are disposed of as infructuous in terms
of the signed order. Writ Petition (C) No.304 of 2010 is also disposed of
in terms of the signed order. (VINOD KUMAR) (MALA KUMARI SHARMA)
COURT MASTER COURT MASTER (Signed Non-Reportable judgment is placed on the file)