Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8198 OF 2022
(@ Diary No. 27510 of 2022)
Govt. of NCT of Delhi and Anr. …Appellant(s)
Versus
Shiv Dutt Sharma and Anr. …Respondent(s)
WITH
CIVIL APPEAL NO. 8248 OF 2022
(@ Diary No. 4252 of 2021)
Delhi Development Authority …Appellant(s)
Versus
Shiv Dutt Sharma and Ors. …Respondent(s)
J U D G M E N T
M.R. SHAH, J.
Signature Not Verified
1. Feeling aggrieved and dissatisfied with the impugned judgment
Digitally signed by
Neetu Sachdeva
Date: 2022.11.24
12:53:50 IST
Reason:
and order passed by the High Court of Delhi at New Delhi in Writ Petition
1
(C) No. 1870 of 2016 by which the High Court has allowed the said writ
petition preferred by the respondent No.1 herein and has declared that
the acquisition with respect to the land in question has lapsed under
Section 24(2) of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter
referred to as “Act, 2013”), the Government of NCT of Delhi as well as
the Land Acquisition Collector have preferred the present appeals.
2. We have heard Ms. Astha Tyagi and Shri Nishit Agrawal, learned
counsel appearing on behalf of the respective appellants and
Shri Manish K. Bishnoi, learned counsel appearing on behalf of the
respondent No.1.
3. At the outset, it is required to be noted that while passing the
impugned judgment and order, the High Court has relied upon the
decision of this Court in the case of Pune Municipal Corporation and
Anr. Vs. Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183
and has declared that the acquisition with respect to the land in question
has lapsed under Section 24(2) of the Act, 2013 as the compensation
has not been paid / tendered to the original writ petitioner. However,
there is a specific finding given by the High Court that the possession of
the subject land has been taken over, however, the compensation has
not been paid to the recorded owner.
2
3.1 It is the case on behalf of the respondent No.1 that the actual
possession of the land in question has not been taken over as the land
in question is occupied by the encroachers and that the area in question
is known as ‘Sanjay Mohalla’. However, it is required to be noted and as
observed hereinabove, in paragraph 8, the High Court has specifically
observed that there is a categorical assertion made in the counter
affidavit filed by the Land Acquisition Collector that the possession of the
subject land has been taken over, however, the compensation has not
been paid to the recorded owner. It may be that there may be illegal
occupants and / or encroachers , but that does not mean that the
possession of the land in question was taken over and/or handed over to
the beneficiary department on 21.06.1973. As per the case on behalf of
the Land Acquisition Collector, in any case, the landowner can be
permitted to take the benefit of the encroachment made on the land in
question. Be that it may, as observed hereinabove, while passing the
impugned judgment and order, the High Court has relied upon the
decision of this Court in the case of Pune Municipal Corporation and
Anr. (supra) and the said decision in the case of Pune Municipal
Corporation and Anr. (supra) has been subsequently specifically
overruled by the Constitution Bench of this Court in the case of Indore
3
Development Authority Vs. Manoharlal and Ors. (2020) 8 SCC 129.
In paragraphs 365 and 366, it is observed and held as under:-
“ 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 Section 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 Section 24(1)(a) in
case the award is not made as on 1-1-2014, 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 Section 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 Section 24(2) between
possession and compensation has to be read as “nor” or as
“and”. The deemed lapse of land acquisition proceedings
under Section 24(2) of the 2013 Act takes place where due
4
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
Section 24(2) of the 2013 Act does not include a deposit of
compensation in court. The consequence of non-deposit is
provided in the proviso to Section 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 Section 4 of the 1894
Act shall be entitled to compensation in accordance with
the provisions of the 2013 Act. In case the obligation under
Section 31 of the Land Acquisition Act, 1894 has not been
fulfilled, interest under Section 34 of the said Act can be
granted. Non-deposit of compensation (in court) does not
result in the lapse of land acquisition proceedings. In case
of non-deposit 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 Section 4 of the 1894 Act.
366.5. In case a person has been tendered the
compensation as provided under Section 31(1) of the 1894
Act, it is not open to him to claim that acquisition has
lapsed under Section 24(2) due to non-payment or non-
deposit of compensation in court. The obligation to pay is
complete by tendering the amount under Section 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
Section 24(2) of the 2013 Act.
5
366.6. The proviso to Section 24(2) of the 2013 Act is
to be treated as part of Section 24(2), not part of Section
24(1)(b).
366.7. The mode of taking possession under the
1894 Act and as contemplated under Section 24(2) is by
drawing of inquest report/memorandum. Once award has
been passed on taking possession under Section 16 of the
1894 Act, the land vests in State there is no divesting
provided under Section 24(2) of the 2013 Act, as once
possession has been taken there is no lapse under Section
24(2).
366.8. The provisions of Section 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
1-1-2014. The period of subsistence of interim orders
passed by court has to be excluded in the computation of
five years.
366.9. Section 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. Section 24
applies to a proceeding pending on the date of
enforcement of the 2013 Act i.e. 1-1-2014. It does not
revive stale and time-barred 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.”
4. In view of the above and for the reasons stated above, and, more
particularly, considering the subsequent decision of the Constitution
Bench of this Court in the case of Indore Development Authority
6
(supra) , the impugned judgment and order passed by the High Court is
unsustainable and the same deserves to be quashed and set aside and
is accordingly quashed and set aside.
The submission on behalf of the respondents that the
encroachment on the land in question is being regularized is concerned,
that is not the subject matter before this Court. It is ultimately for the
appropriate court to take appropriate decision. However, so far as the
impugned judgment and order passed by the High Court is concerned,
the same is unsustainable in view of the decision of this Court in the
case of Indore Development Authority (supra) and as observed
hereinabove. The present appeals are accordingly allowed. No costs.
Pending application, if any, also stands disposed of.
………………………………….J.
[M.R. SHAH]
NEW DELHI; ………………………………….J.
NOVEMBER 24, 2022. [M.M. SUNDRESH]
7