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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4544 OF 2016

[@ SPECIAL LEAVE PETITION (C) NO. 11996 OF 2015] DELHI DEVELOPMENT AUTHORITY                 Appellant(s)

                               VERSUS REENA SURI AND ORS.                          Respondent(s)

WITH CIVIL APPEAL NO. 4545 OF 2016

[@ SPECIAL LEAVE PETITION (C) NO. 12032 OF 2015] CIVIL APPEAL NO. 4546 OF 2016

[@ SPECIAL LEAVE PETITION (C) NO. 12433 OF 2015] CIVIL APPEAL NO. 4547 OF 2016

[@ SPECIAL LEAVE PETITION (C) NO. 12606 OF 2015] CIVIL APPEAL NO. 4548 OF 2016

[@ SPECIAL LEAVE PETITION (C) NO. 13377 OF 2015] CIVIL APPEAL NO. 4549 OF 2016

[@ SPECIAL LEAVE PETITION (C) NO. 13378 OF 2015] CIVIL APPEAL NO. 4550  OF 2016

[@ SPECIAL LEAVE PETITION (C) NO. 14103 OF 2015] CIVIL APPEAL NO. 4552 OF 2016

[@ SPECIAL LEAVE PETITION (C) NO. 15350 OF 2015] CIVIL APPEAL NO. 4553 OF 2016

[@ SPECIAL LEAVE PETITION (C) NO. 17590 OF 2015] CIVIL APPEAL NO. 4554 OF 2016

[@ SPECIAL LEAVE PETITION (C) NO. 17601 OF 2015] CIVIL APPEAL NO. 4555 OF 2016

[@ SPECIAL LEAVE PETITION (C) NO. 17603 OF 2015] CIVIL APPEAL NO. 4556 OF 2016

[@ SPECIAL LEAVE PETITION (C) NO. 17605 OF 2015] CIVIL APPEAL NO. 4557 OF 2016

[@ SPECIAL LEAVE PETITION (C) NO. 17607 OF 2015]

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CIVIL APPEAL NO. 4558 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 21351 OF 2015]

CIVIL APPEAL NO. 4559 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 22068 OF 2015]

CIVIL APPEAL NO. 4560 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 25402 OF 2015]

CIVIL APPEAL NO. 4561 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 25405 OF 2015]

CIVIL APPEAL NO. 4562 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 25407 OF 2015]

CIVIL APPEAL NO. 4563 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 25411 OF 2015]

CIVIL APPEAL NO. 4564 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 25415  OF 2015]

CIVIL APPEAL NO. 4565 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 25418 OF 2015]

CIVIL APPEAL NO. 4566 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 26665 OF 2015]

CIVIL APPEAL NO. 4567 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 26721 OF 2015]

CIVIL APPEAL NO. 4568 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 26722 OF 2015]

CIVIL APPEAL NO. 4569 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 27397 OF 2015]

CIVIL APPEAL NO. 4570 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 28866 OF 2015]

CIVIL APPEAL NO. 4571 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30126 OF 2015]

CIVIL APPEAL NO. 4572 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30132 OF 2015]

CIVIL APPEAL NO. 4573 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30133 OF 2015]

CIVIL APPEAL NO. 4574 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30136 OF 2015]

CIVIL APPEAL NO. 4575 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30139 OF 2015]

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CIVIL APPEAL NO. 4576 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30140 OF 2015]

CIVIL APPEAL NO. 4577 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30143 OF 2015]

CIVIL APPEAL NO. 4578 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30144 OF 2015]

CIVIL APPEAL NO. 4579 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30145 OF 2015]

CIVIL APPEAL NO. 4580 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30147 OF 2015]

CIVIL APPEAL NO. 4581 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30150 OF 2015]

CIVIL APPEAL NO. 4582 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30210 OF 2015]

CIVIL APPEAL NO. 4583 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30245 OF 2015]

CIVIL APPEAL NO. 4584 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30726 OF 2015]

CIVIL APPEAL NO. 4585 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 31249 OF 2015]

CIVIL APPEAL NO. 4586 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 31668 OF 2015]

CIVIL APPEAL NO. 4587 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 31671 OF 2015]

CIVIL APPEAL NO. 4588 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 31679 OF 2015]

CIVIL APPEAL NO. 4589 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 32634 OF 2015]

CIVIL APPEAL NO. 4590 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 32635 OF 2015]

CIVIL APPEAL NO. 4591 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 33654 OF 2015]

CIVIL APPEAL NO. 4592 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 2540 OF 2016]

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CIVIL APPEAL NO. 4593 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 4223 OF 2016]

CIVIL APPEAL NO. 4594 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 6359 OF 2016]

CIVIL APPEAL NO. 4595 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 6363 OF 2016]

CIVIL APPEAL NO. 4596 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 7012 OF 2016]

CIVIL APPEAL NO. 4597 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 10155 OF 2016]

CIVIL APPEAL NO. 4598 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 10156 OF 2016]

CIVIL APPEAL NO. 4599 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 10166 OF 2016]

CIVIL APPEAL NO. 4600 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 10187 OF 2016]

CIVIL APPEAL NO. 4601 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11964 OF 2016]

J U D G M E N T

KURIAN, J. 1. Leave granted. 2. All these appeals have been filed by the Delhi  Development Authority, aggrieved by the Judgment of  the High Court of Delhi.  In the impugned Judgment,  the  High  Court  has  taken  the  stand  that  the  land  acquisition initiated under the Land Acquisition Act,  1894,  and  culminating  in  passing  of  awards  on  different dates, has lapsed in view of Section 24 of  The Right to Fair Compensation and Transparency in

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Land  Acquisition,  Rehabilitation  and  Resettlement  Act, 2013 (in short, "2013 Act") in respect of the  land covered by these appeals.  Section 24 of the Act  reads as follows :-

"24.  Land acquisition process under Act  

No.  1  of  1894  shall  be  deemed  to  have  

lapsed  in  certain  cases  -  (1)  

Notwithstanding anything contained in this  

Act,  in  any  case  of  land  acquisition  

proceedings  initiated  under  the  Land  

Acquisition Act, 1894,--  

(a) where no award under section 11 of the  

said Land Acquisition Act has been made,  

then, all provisions of this Act relating  

to the determination of compensation shall  

apply; or  

(b) where an award under said section 11  

has been made, then such proceedings shall  

continue under the provisions of the said  

Land Acquisition Act, as if the said Act  

has not been repealed.  

(2) Notwithstanding anything contained in  

sub-section  (1),  in  case  of  land  

acquisition  proceedings  initiated  under  

the Land Acquisition Act. 1894, where an

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award under the said section 11 has been  

made  five  years  or  more  prior  to  the  

commencement of this Act but the physical  

possession of the land has not been taken  

or the compensation has not been paid the  

said proceedings shall be deemed to have  

lapsed and the appropriate Government, if  

it  so  chooses,  shall  initiate  the  

proceedings  of  such  land  acquisition  

afresh in accordance with the provisions  

of this Act:  

Provided that where an award has been made  

and compensation in respect of a majority  

of land holdings has not been deposited in  

the account of the beneficiaries, then, all  

beneficiaries specified in the notification  

for acquisition under section 4 of the said  

Land Acquisition Act, shall be entitled to  

compensation  in  accordance  with  the  

provisions of this Act"

3. It may be seen that under Section 24(2) of the  Act,  the  proceedings  initiated  under  the  Land  Acquisition Act, 1894 and culminating in award under  Section 11 of the said Act would lapse in case the  possession after passing of the award has not been

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taken  within  five  years  or  more  prior  to  the  commencement of the 2013 Act (9 of 2014).  This Act  came into force on 01.01.2014.  Under Section 24 (2)  of the 2013 Act, the proceedings would also lapse in  case the compensation has not been paid to the owners  of the land before 01.01.2014.  However, it is made  clear  under  Section  24(2)  of  the  2013  Act  that  despite  such  lapse,  it  will  be  open  to  the  appropriate Government to initiate fresh proceedings  for acquisition in accordance with the provisions of  the 2013 Act.

4. Sh. Vishnu Saharya, learned counsel appearing for  the  appellant-Delhi  Development  Authority,  has  submitted  that once  an award  has been  passed, the  property  vests  in  the  Government  and,  therefore,  there is no lapse.  We are afraid, the contentions  raised by him cannot be appreciated.   

5. Section  16  of  the  Land  Acquisition  Act,  1894  reads as follows :-

"Power  to  take  possession   -  When  the  

Collector has made an award under Section  

11,  he  may  take  possession  of  the  land,  

which shall thereupon [vest absolutely in  

the  [Government]],  free  from  all  

encumbrances."

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6. Under the above provision, once an award has been  made by the Collector under Section 11 of the Act,  1894, the Collector has to take possession of the  land and only thereupon, the land will vest in the  Government  free  from  all  encumbrances.   Therefore,  passing of the award by itself will not enable the  appellant  to  take  a  contention  that  the  land  has  automatically vested with the Government on passing  of the award.      

7. It is not in dispute that in all these cases, the  land  has  not  been  taken  possession  of  by  the  Collector  within  five  years  or  more  prior  to  01.01.2014 when the 2013 Act came into force.   

8. In that view of the matter, there is no merit in  these  appeals.   The  appeals  are,  accordingly,  dismissed.   

No costs.   .......................J.

             [ KURIAN JOSEPH ]  

.......................J.               [ ROHINTON FALI NARIMAN ]  New Delhi; April 28, 2016