VELAXAN KUMAR Vs UNION OF INDIA .
Bench: V. GOPALA GOWDA,C. NAGAPPAN
Case number: C.A. No.-010954-010954 / 2014
Diary number: 25610 / 2007
Advocates: T. N. SINGH Vs
SAHARYA & CO.
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NON REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.10954 OF 2014 (Arising Out of S.L.P. (C) No. 16578 of 2007)
VELAXAN KUMAR ………APPELLANT
Vs.
UNION OF INDIA & ORS. ………RESPONDENTS
J U D G M E N T
V.GOPALA GOWDA, J.
Leave granted.
2. I.A. No.7 of 2014 has been filed by the
appellant Velaxan Kumar seeking applicability of the
beneficial provisions of Section 24(2) of the Right
to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act,
2013 (in short ‘the Act of 2013’) for issuing a
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direction and pass an order for disposal of this
appeal in terms of the same. The appellant-land owner
has come to this Court questioning the correctness of
the common judgment and order dated 09.07.2007 passed
by the High Court of Delhi in the writ petitions
filed by the land owners including the appellant
herein, wherein, the High Court has dismissed the
same.
3. Brief facts of the case are as under:
The appellant is the owner of the plot
measuring 1278 square yards out of Khasra No.62/19/1
located in the area Village-Prehlad Pur Bangar,
National Capital Territory of Delhi (hereafter
referred to as ‘the disputed land’) on the basis of a
sale deed executed by Kaptan Singh as being the
attorney of the land owners in his favour on
02.05.1989 for a total consideration amount of
Rs.40,000/-.
4. The Notification No. F-10(29)/96/L&B/LA/11394
under Section 4 and 17 of the Land Acquisition Act,
1894 (for short ‘the L.A. Act’) was issued on
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27.10.1999 by the Land Acquisition Collector in the
name of Respondent No.1.
5. The appellant and other land owners objected to
the issuance of notification by invoking an emergency
clause under Section 17 of the L.A. Act as his land
is built up and falls within 50 meters of village-
Abadi of Lal Dora, hence his land should be
exempted/denotified from acquisition as per policy
of the Government dated 02.12.1998. Thereafter, the
notification was issued under Section 6 read with
Section 17 of the L.A. Act on 03.04.2000 in respect
of the land sought to be acquired including the land
owned by the appellant.
6. The Land Acquisition Collector, Kanjhawala
passed an award on 03.04.2002 in respect of the
disputed land of village-Pansali.
7. The appellant challenged the said award by the
Land Acquisition Collector by way of filing a writ
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petition (W.P. (c) No.5528 of 2001) in the High Court
of Delhi which was dismissed by the High Court vide
its common judgment and order dated 09.07.2007.
8. Aggrieved by the same, the appellant filed this
appeal by way of special leave in this Court. This
Court issued notice and also granted interim stay of
the order passed by the High Court vide its order
dated 17.09.2007.
9. It has been contended by the learned counsel
for the appellant that during the pendency of this
appeal, the Parliament has repealed the L.A. Act,
1894 and in its place enacted the Act of 2013 which
came into force with effect from 01.01.2014 and thus
seeking applicability of beneficial provision of
Section 24(2) of the Act of 2013.
10. It is contended by the learned counsel for the
appellant that in the light of Section 24(2) of the
Act of 2013, the entire land acquisition proceedings
qua the land of the appellant shall be deemed to have
lapsed as admittedly the Award in the present case on
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hand was rendered by the Land Acquisition Collector
on 03.04.2002, i.e. more than 5 years prior to the
commencement of the Act of 2013, but physical
possession of the disputed land of the appellant has
neither been taken as he is still in physical
possession by making construction of one room and
boundary wall much prior to issuance of the said
notifications over his acquired land in dispute and
the same is now built up and also within 50 meters
from village-Abadi nor compensation amount has been
paid to the appellant till date.
11. It is further contended that this Court in the
case of Pune Municipal Corporation & Anr v.
Harakchand Misrimal Solanki and Ors.1 has interpreted
the said Section 24(2) of the Act of 2013. It is
contended by the learned counsel for the appellant
that in the present case on hand, the physical
possession of the land of the appellant has not been
taken from him as he is still in actual physical
possession of his acquired land in view of interim
stay order passed by this Court on 17.09.2007 and
1 (2014) 3 SCC 183
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compensation amount has not been paid to the
appellant till date and as such acquisition
proceedings shall be deemed to have lapsed qua land
and relied upon the view taken by this Court in the
case of Bharat Kumar v. State of Haryana & Anr.2
12. It is contended that during acquisition
proceeding, no proper procedure has been followed by
the authorities concerned by way of giving prior
notice to the landowners/farmers/appellant herein,
whose structures exist over the acquired land or in
any case standing crops etc. by way of preparing
proper ‘Panchnama’ in the presence of witnesses and
the land-holders, which is contrary to the decisions
of this Court in Bhanda Development Authority,
Bhanda v. Moti Lal Agarwal3, Raghubir Singh Sehrawat
v. State of Haryana and Ors.4, Patasi Devi v. State
of Haryana and Others5.
13. It is further contended that it is not possible
to take possession of the huge chunk of acquired land
measuring 1109.11 Bighas out of the total acquired
2 (2014) 6 SCC 586 3 (2011) 5 SCC 394 4 (2012) 1 SCC 792 5 (2012) 9 SCC 503
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land of village-Pansali in one day i.e. on 12.05.2000
by way of following due process of law by giving
notice etc. to the land owners including the
appellant and as such only paper possession has been
taken by the official concerned.
14. On the other hand, the learned counsel for the
respondents contended that the possession of the
acquired land, including the land owned by the
appellant has already been taken by the acquiring
authority and handed over to the beneficiary agency
which has made large scale developments over the
land. In case the appellant is having possession of a
part of the land, then he is a trespasser and is
liable to be prosecuted.
15. It has been further contended by the learned
counsel for the respondents that the Act of 2013 is
prospective in operation by virtue of Section 24 read
with Section 114 of the Act of 2013. As provided
under Section 24, the effect of Section 6 of the
General Clauses Act of 1897, the actions taken by the
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respondents have been saved. By reading the above
provisions of the two Sections, it is clear that
Legislature wanted to protect and save the
acquisition proceedings initiated under the repealed
L.A. Act, particularly where either possession of the
acquired land has not been taken or compensation has
not been paid to the landowners. It is further
submitted that the Act of 2013 never intended to
destroy entire acquisition proceedings in acquiring
the land for the public purpose under the repealed
L.A. Act, 1894. It is well settled position of law
that the proceedings initiated and culminated under
the repealed Act of 1894 are not to be disturbed by
applying the interpretation of the provisions of
Section 24(2) of the Act of 2013 made by this Court
in the above referred cases. By operation of the
provisions of Section 16 or 17(1) of the L.A. Act as
the case may be, once the possession of the acquired
land is taken by the respondents, the land will be
vested in the State Government which is absolutely
free from all encumbrances. Thereafter, it is not
open even for the State Government to restore the
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land to the land owner in exercise of its power under
Section 48 of the repealed L.A. Act as it is not
permissible in law. In the cases reported as Satendra
Prasad Jain Vs. State of Uttar Pradesh6. and
Sanjeevanagar Medical and Health Emloyees’ Co-
operative Housing Society Vs. Mohd. Abdul Wahab and
Ors.7, this Court has held that once possession is
taken by the Land Acquisition Collector in exercise
of its statutory power under Section 16 or 17 (1) of
the repealed L.A. Act, 1894, the land vests with the
State Government, free from all encumbrances, even if
no compensation has been awarded under Section 11 of
the repealed L.A. Act within two years, that is, the
statutory period prescribed under the repealed L.A. Act
for passing an award. In the aforesaid cases, this
Court has also held that Section 11(A) (analogous to
Section 24 of the Act of 2013) of the repealed L.A. Act
is not applicable and further held that in such
circumstances, the only consequence provided under the
repealed L.A. Act is payment of interest under Section
34 in respect of the acquired land. Therefore, the
6 (1993) 4 SCC 369 7 (1996) 3 SCC 600
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acquisition of land cannot be deemed to have lapsed
under Section 24(2) of the Act of 2013, in view of the
law laid down in the above cases referred to supra. It
is contended that the above said judgments were not
brought to the notice of this Court while disposing of
the case of Pune Municipal Corporation’s case & other
cases of this Court referred to supra which are
strongly relied on behalf of the appellant and
therefore the legal question in this regard requires to
be referred to a larger Bench of this Court.
16. We have carefully examined the application
filed by the appellant seeking for the beneficial
provision of Section 24(2) of the Act of 2013 and the
objections filed by the respondents to the same.
After examining the facts and circumstances of the
case, we are of the considered view that the award
passed under Section 11 was passed on 03.04.2002 in
respect of the disputed land of village-pansali,
therefore, it is an undisputed fact that it was
passed 5 years prior to the commencement of the Act
of 2013 and the compensation for the acquisition of
the appellant’s land has not been paid to the
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appellant. Further, with respect to taking over of
possession of the land by the respondents, it is
clear from the facts and circumstances of the case
that actual physical possession of the land in
question has not been taken by the respondents. Even
if, for the sake of argument it is accepted that
possession of the land was taken by the respondents,
it is clear that due procedure has not been followed
by the Acquisition Authority by way of preparing
proper ‘Panchnama’ in the presence of independent
witnesses and the land-holders, and therefore it is
contrary to the principles law laid down by this
Court in the case of Sita Ram Bhandar Society, New
Delhi v. Lt. Governor Govt. Of N.C.T. Delhi & Ors. 8 ,
wherein, this Court held that when possession of a
large tract of land is to be taken then it is
permissible in law to take possession by a properly
executed ‘panchnama’ attested by independent
witnesses. This was further reiterated by this Court
in its decisions in the case of Bhanda Development
Authority, Raghubir Singh Sehrawat, Patasi Devi
8 (2009) 10 SCC 501
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referred to supra. Further, in the case on hand it is
clear from the photographs produced along with the
affidavit in support of additional documents produced
before us that the appellant is still in physical
possession of his acquired land. Undisputedly, actual
physical possession of the acquired land has not been
taken over by the respondents as pleaded by them by
following due process of law. Therefore, the
acquisition proceedings of the land of the appellant
are lapsed in view of Section 24(2) of the Act of
2013 as both the conditions under the said provision
are fulfilled in the present case. This Court has
rightly interpreted the said provision in its three
Judge Bench decision in the case of Pune Municipal
Corporation referred to supra and the legal principle
laid down with respect to the same in the above
mentioned case was reiterated by this Court in the
cases of Bharat Kumar (supra), Bimla Devi & Others v.
State of Haryana & Others9 and Union of India &
others v. Shiv Raj & Others10. The relevant paras of
the Pune Municipal Corporation (supra) are extracted
hereunder:-
9 (2014) 6 SCC 583 10 (2014) 6 SCC 564
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“20…….it is clear that the award pertaining to the subject land has been made by the Special Land Acquisition Officer more than five years prior to the commencement of the 2013 Act. It is also admitted position that compensation so awarded has neither been paid to the landowners/persons interested nor deposited in the court. The deposit of compensation amount in the Government treasury is of no avail and cannot be held to be equivalent to compensation paid to the landowners/persons interested. We have, therefore, no hesitation in holding that the subject land acquisition proceedings shall be deemed to have lapsed under Section 24(2) of the 2013 Act.
21. The argument on behalf of the Corporation that the subject land acquisition proceedings have been concluded in all respects under the 1894 Act and that they are not affected at all in view of Section 114(2) of the 2013 Act, has no merit at all, and is noted to be rejected. Section 114(1) of the 2013 Act repeals the 1894 Act. Sub-section (2) of Section 114, however, makes Section 6 of the General Clauses Act, 1897 applicable with regard to the effect of repeal but this is subject to the provisions in the 2013 Act. Under Section 24(2) land acquisition proceedings initiated under the 1894 Act, by legal fiction, are deemed to have lapsed where award has been made five years or more prior to the commencement of the 2013 Act and possession of the land is not taken or compensation has not been paid. The legal fiction under Section 24 (2) comes into operation as soon as conditions stated therein are satisfied. The applicability of Section 6 of the General Clauses Act being subject to Section 24(2),
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there is no merit in the contention of the Corporation.”
17. On considering the facts and circumstances of the
present case in the light of the legal principles laid
down by this Court in the cases referred to supra, we
are of the view that neither compensation has been paid
by the respondents to the appellant for the said
acquisition even though more than five years have
elapsed from the date of Award when the Act of 2013
came into force w.e.f. 01.01.2014 nor physical
possession of the land belonging to the appellant has
been taken by the respondents. Therefore, the
acquisition proceedings in respect of the appellant’s
land have lapsed in terms of Section 24(2) of the Act
of 2013. In view of the law laid down by this Court in
Pune Municipal Corporation’s case and other cases
referred to supra, we are of the opinion that the same
are applicable to the fact situation on hand in respect
of the land covered in this appeal for granting the
relief as prayed by the appellant in the application.
18. In view of the above findings and reasons
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recorded by us with reference to the facts of the
case and placing reliance upon the decisions of this
Court referred to supra, the acquisition proceedings
in respect of the appellant’s land have lapsed. The
aforesaid application is allowed in the above terms
and consequently, the appeal is also allowed by
quashing the acquisition proceeding notification in
so far as the land of the appellant is concerned.
The applications filed in S.L.P.(C) No.16578 of
2007 for impleadment of Vijendra Singh, Brij Mohan
Lal Jain and Shiv Charan as petitioner Nos. 2, 3, and
4 respectively, are disposed of with liberty to
challenge the acquisition proceedings before the High
Court by filing writ petitions, placing reliance upon
the provision of Section 24(2) of the Act of 2013 and
catena of decisions rendered both under Section 24(2)
of the Act of 2013 and on merits. If such writ
petitions are filed by the above applicants, the same
shall be heard on merits and disposed of, keeping in
view the decisions of this Court on the legal
questions.
There shall be no order as to costs.
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……………………………………………………………J. [V. GOPALA GOWDA]
……………………………………………………………J. [C. NAGAPPAN]
New Delhi, December 11, 2014
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ITEM NO.1B-For Judgment COURT NO.11 SECTION XIV
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
C.A. No............2014 arising from SLP (C) No(s). 16578/2007
VELAXAN KUMAR Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
Date : 11/12/2014 This petition was called on for hearing today.
For Petitioner(s) Mr. T. N. Singh,Adv.
For Respondent(s) Mr. Vishnu B. Saharya, Adv. For M/s Saharya & Co.
Ms. Rachana Srivastava,Adv.
Hon'ble Mr. Justice V.Gopala Gowda pronounced the
judgment of the Bench comprising His Lordship and Hon'ble Mr.
Justice C. Nagappan.
Leave granted.
I.A. No. 7 is allowed. Applications for impleadment
are disposed of. The appeal is allowed in terms of signed
non-reportable judgment.
(VINOD KUMAR) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER
(Signed Non-Reportable Judgment is placed on the file)