Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6996 OF 2019
(Arising from SLP(C) Nos. 23921/2018)
The State of Maharashtra and others ..Appellants
Versus
M/s Moti Ratan Estate and another ..Respondents
WITH
CIVIL APPEAL NO. 6998 OF 2019
(Arising from SLP(C) Nos.21390/2019)
Diary No. 3189/2019
CIVIL APPEAL NO. 6997 OF 2019
(Arising from SLP(C) Nos. 6194/2019)
J U D G M E N T
M.R. SHAH, J.
Delay condoned in Special Leave Petition (C) Diary
No.3189/2019. Leave granted in all the special leave petitions.
2. As common question of law and facts arise in this group of
appeals, they are being disposed of by this common judgment
Signature Not Verified
Digitally signed by
NARENDRA PRASAD
Date: 2019.09.04
16:58:38 IST
Reason:
and order.
1
3. Feeling aggrieved and dissatisfied with the impugned
judgments and orders dated 24.03.2017 and 27.04.2018 passed
by the High Court of Judicature at Bombay, Bench at
Aurangabad in Writ Petition Nos. 7867/2012, 10894/2016 and
9088/2016, by which the High Court has allowed the said writ
petitions and has quashed the entire acquisition proceedings
with respect to the acquired lands solely on the ground that the
acquisition has lapsed as the awards under Section 11 of the
Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act’)
were not declared within a period of two years from the date of
declaration made under Section 6 of the Act, the State of
Maharashtra and others have preferred the present appeals.
3.1 For the sake of convenience, the facts in the appeal arising
out of special leave petition No. 23921/2018 arising out of the
impugned judgment and order dated 24.03.2017 passed by the
High Court in Writ Petition No. 7867/2012 are considered as the
facts in other two appeals are identical.
4. That the acquired land in question is situated within the
local limits of village Asarjan, Taluka and District Nanded. That
the notification under Section 4 of the Act was issued and
published in the Official Gazette on 01.03.2012. The same was
2
published at Village Chawdi Asarjan by beating of drums on
12.04.2012. That thereafter notification under Section 6 of the
Act was published on 07.02.2013 and the notification under
Section 6 of the Act was published at Village Chawdi Asarjan by
beating of drums on 13.02.2013.
4.1 That the original land owners challenged the acquisition
and the notification under Section 4 of the Act dated 01.03.2012
by filing Writ Petition No. 7867 of 2012 on 09.05.2012. That vide
order dated 11.10.2013, the High Court directed that the
possession of the original writ petitioners shall not be disturbed.
The other land owners, whose lands were acquired for the very
project and under the very Section 4 notification dated
01.03.2012, also challenged the acquisition proceedings and
Section 4 notification with respect to their lands by filing Writ
Petition Nos. 3051/2013 and 3159/2013. In those writ petitions
also the High Court granted stay to the acquisition proceedings
vide order dated 12.11.2013. It appears that by order dated
20.11.2013, the High Court in Writ Petition Nos. 3051/2013 and
3159/2013 modified the earlier interim order and directed that
till the next date, final award shall not be declared. However, the
State was permitted to move an application seeking leave of the
3
Court to declare the award, if the award is ready. That the
aforesaid two writ petitions came to be disposed of vide order
dated 08.01.2014. However, the High Court continued the
interim order dated 20.11.2013 by 12 weeks. The 12 weeks
period got over on 02.04.2014. That thereafter the award under
Section 11 of the Act was passed on 08.05.2015 with respect to
the acquired lands in question, i.e., in the case of Writ Petition
No. 7867/2012. At this stage, it is required to be noted that the
acquisition was challenged on number of grounds. However, at
the time of hearing of Writ Petition No. 7867/2012, it was
submitted that the entire acquisition has been lapsed as the
award was not declared within a period of two years from the
date of publication of the declaration under Section 6 of the Act.
It was submitted on behalf of the State that in view of the
pending proceedings challenging the acquisition as well as in
view of the interim stay granted by the High Court directing that
the possession of the acquired land shall not be disturbed and in
view of the specific stay order granted in Writ Petition Nos.
3051/2013 and 3159/2013 restraining the State from declaring
final award, the period during which stay was operating is
required to be excluded and if such period is excluded, in that
4
case, the award was declared within a period of two years and
therefore there is no question of lapsing the acquisition
proceedings. However, by the impugned judgment and order, the
High Court has set aside the acquisition proceedings solely on
the ground that the acquisition has lapsed as the award under
Section 11 of the Act has not been declared within a period of two
years from the date of publication of the declaration under
Section 6 of the Act. It is required to be noted that so far as
challenge to the acquisition on other grounds is concerned, the
High Court held against the original writ petitioners. However,
set aside the acquisition solely on the ground that the award
under Section 11 of the Act has not been declared within a period
of two years from the date of declaration under Section 6 of the
Act.
4.2 Feeling aggrieved and dissatisfied with the impugned
judgment and order passed by the High Court in quashing and
setting aside the acquisition, the State has preferred the present
appeal. So far as other two appeals are concerned, the original
writ petitioners subsequently challenged the acquisition in the
year 2016 after the declaration of the award under Section 11 of
the Act challenging the acquisition proceedings also on the
5
ground that as the award has not been declared within a period
of two years from the date of declaration under Section 6 of the
Act the acquisition proceedings have been lapsed. Accepting the
submission on behalf of the original writ petitioners, by the
impugned common judgment and order, the High Court has
quashed and set aside the acquisition proceedings considering
Section 11A of the Act and on the ground that the acquisition
proceedings have been lapsed as the award under Section 11 of
the Act has not been declared within a period of two years from
the date of declaration under Section 6 of the Act. Hence, these
appeals by grant of special leave petitions.
5. Shri Nishant Ramakantrao Katneshwarkar, learned
Advocate appearing on behalf of the appellant – State has
vehemently submitted that in the facts and circumstances of the
case, the High Court has materially erred in quashing and setting
aside the acquisition on the ground that the award under Section
11 of the Act has not been declared within a period of two years
from the date of declaration under Section 6 of the Act.
5.1 It is vehemently submitted by Shri Katneshwarkar, learned
Advocate appearing for the appellants that the High Court has
materially erred in not properly appreciating the fact that in view
6
of the challenge to the acquisition proceedings and stay of
possession granted by the High Court in Writ Petition No.
7867/2012 and even the stay of the acquisition proceedings and
against declaring the award in Writ Petition Nos. 3051/2013 and
3159/2013, the award under Section 11 of the Act was not
declared. It is submitted that excluding the period during which
the stay was granted, more particularly stay granted in Writ
Petition Nos. 3051/2013 and 3159/2013, subsequent declaration
of the award can be said to be within the period prescribed under
Section 11 of the Act.
5.2 It is further submitted by the learned Advocate appearing on
behalf of the appellants that the High Court has erred in holding
that as respondent no.1 herein – original writ petitioner was not a
party to Writ Petition Nos. 3051/2013 and 3159/2013, the
extension of period during which stay was in operation in the
said writ petitions was not applicable to the case of respondent
no.1. It is submitted that as such writ petition Nos. 3051/2013
and 3159/2013 were with respect to the lands acquired under
the same notification and with respect to the very village and the
project and therefore the authority was justified in not declaring
7
the award in the present case during the period the stay was
operating in writ petition Nos. 3051/2013 and 3159/2013.
5.3 It is further submitted by the learned Advocate appearing on
behalf of the appellants that even in the present case there was a
stay against possession and the entire acquisition proceedings
were under challenge and therefore the authority was justified in
not declaring the award, which was declared subsequently, more
particularly after the vacation of the stay granted in writ petition
Nos. 3051/2013 and 3159/2013.
5.4 In support of his submission that in the facts and
circumstances of the case the authorities were justified in not
proceeding with the acquisition proceedings including not
declaring the award and therefore acquisition proceedings would
not lapse, Shri Katneshwarkar, learned Advocate appearing on
behalf of the appellants has relied upon the following decisions of
this Court in the cases of G. Narayanaswamy Reddy v. State of
Karnataka (1991) 3 SCC 261; Yusufbhai Noormohmed Nendoliya
v. State of Gujarat (1991) 4 SCC 531; Gandhi Grah Nirman
Sahkari Samiti Ltd. V. State of Rajasthan (1993) 2 SCC 662;
Hansraj H. Jain v. State of Maharashtra (1993) 3 SCC 634;
Sangappa Gurulingappa Sajjan v. State of Karnataka (1994) 4
8
SCC 145; Abhey Ram v. Union of India (1997) 5 SCC 421; Om
Prakash v. Union of India (2010) 4 SCC 17; and the recent
decision of this Court in the case of
Raj Kumar Gandhi v.
Chandigarh Administration and others (2018) 7 SCC 763.
5.5 Making the above submissions and relying upon the
aforesaid decisions, it is prayed to allow the present appeals and
quash and set aside the impugned judgments and orders passed
by the High Court.
6. Shri Vinay Navare, learned Senior Advocate has appeared
on behalf of the respondents – original writ petitioners.
6.1 While opposing the present appeals and supporting the
impugned judgments and orders passed by the High Court, Shri
Navare, learned Senior Advocate appearing on behalf of the
original writ petitioners has vehemently submitted that in the
facts and circumstances of the case, the High Court has rightly
quashed and set aside the acquisition proceedings on the ground
that the award under Section 11 of the Act has not been declared
within a period of two years from the date of declaration under
Section 6 of the Act. It is submitted that in the facts and
circumstances of the case, the High Court has rightly observed
that Section 11A of the Act would be attracted and therefore due
9
to nondeclaration of the award within a period of two years from
the date of declaration under Section 6 of the Act, the acquisition
proceedings have been lapsed.
6.2 It is further submitted by Shri Navare, learned Senior
Advocate appearing on behalf of the original writ petitioners that
in fact there was no stay by the High Court restraining the
authorities from declaring the award and the only stay was
granted with respect to possession and therefore it was always
open for the authorities to declare the award under Section 11 of
the Act to avoid lapsing of proceedings. It is submitted that
however the authorities did not declare the award. It is
submitted that therefore as there was no stay either to the
acquisition proceedings and/or against declaring the final award,
as rightly observed by the High Court, there is no question of any
exclusion of the period. It is submitted that therefore the award
under Section 11 of the Act was beyond the period of two years
and therefore considering Section 11A of the Act, the entire
acquisition proceedings would lapse.
6.3 It is further submitted by Shri Navare, learned Senior
Advocate appearing on behalf of the original writ petitioners that
as rightly observed by the High Court the stay to the acquisition
10
proceedings and/or against declaring the final award was in
other petitions, i.e., Writ Petition Nos. 3051/2013 and
3159/2013 and not relating to the petitioners land and therefore
the exclusion of period of stay granted in writ petition Nos.
3051/2013 and 3159/2013 shall not be available to the
State/authorities with respect to the original writ petitioners
land.
6.4 Now so far as reliance placed upon the decision of this
Court in the case of Raj Kumar Gandhi (supra) , relied upon by
the learned Advocate appearing on behalf of the State is
concerned, Shri Navare, learned Senior Advocate appearing on
behalf of the original writ petitioners has submitted that the said
decision shall not be applicable to the facts of the case on hand
as in the instant case the Land Acquisition Officer has chosen to
keep the land, with respect to which stay was granted, away from
the declaration of the award (Writ Petition Nos. 3051/2013 and
3159/2013) and the award was declared with respect to rest of
the land. It is submitted that therefore the award in the case of
the writ petitioners will have to comply with the mandate of
Section 11A of the Act.
11
6.5 Making the above submissions, it is prayed to dismiss the
present appeals.
7. We have heard the learned counsel for the respective parties
at length.
7.1 (A) The short question posed for the consideration of this
Court is, whether in the facts and circumstances of the case, the
High Court is justified in quashing and setting aside the entire
acquisition proceedings on the ground that the same have lapsed
under Section 11A of the Act? (B) The moot question which
arises for our consideration is whether the stay of
action/proceedings by some of the land holders
prohibiting/preventing the State authorities to make the award
under Section 11 of the Act, within a statutory period of two
years provided under Section 11A of the Act from declaration
under Section 6 of the Act would be equally extendable to the
other alike cases of land holders/persons interested/respondents
in the instant case?
7.2 Now so far as the appeal arising out of the impugned
judgment and order passed by the High Court in Writ Petition No.
7867/2012 is concerned, immediately on publication of the
notification under Section 4 of the Act, the original writ
12
petitioners challenged the acquisition proceedings including the
notification under Section 4 of the Act. The High Court passed
the interim order directing that the possession of the original writ
petitioners shall not be disturbed. Simultaneously, the other
land owners whose lands were acquired under the very same
notification and of the very village Asarjan and acquired for the
very project also challenged the acquisition proceedings by filing
Writ Petition Nos. 3051/2013 and 3159/2013. The High Court
granted stay to the acquisition proceedings on 12.11.2013 which
subsequently came to be modified and it was directed that the
final award shall not be declared. Other two writ petitions being
Writ Petition Nos. 10894/2016 and 9088/2016 were filed after
the award was declared under Section 11 of the Act challenging
the acquisition proceedings on the ground that the same have
been lapsed under Section 11A of the Act as the award has not
been declared within a period of two years. The State authorities
pleaded for extension of time during which the stay was operating
in writ petition nos. 3051/2013 and 3159/2013. It has not been
accepted by the High Court on the ground that the stay of the
acquisition proceedings was granted not relating to the writ
petitioners but was with respect to the other land owners.
13
Therefore, the question which is required to be considered is,
whether the authorities were justified in not declaring the award
in the case of other land owners in view of granting of the stay to
the acquisition proceedings with respect to other lands acquired,
which were acquired under the very notification and for the very
project.
7.3 In the recent decision in the case of Raj Kumar Gandhi
(supra) , this Court had an occasion to consider the applicability
of Section 11A of the Act. After considering catena of decisions
of this Court on the applicability of Section 11A of the Act, this
Court observed and held that where scheme of the acquisition is
one, interim stay granted in respect of one pocket of land would
operate even in respect of other pockets of land and therefore the
authorities were justified in not proceeding with the acquisition
proceedings and consequently the acquisition proceedings would
not lapse. In the same decision, this Court has considered the
earlier decisions of this Court in the cases of G. Narayanaswamy
Reddy (supra); Yusufbhai Noormohmed Nendoliya (supra); Gandhi
Grah Nirman Sahkari Samiti Ltd.(supra); Hansraj H. Jain (supra);
Sangappa Gurulingappa Sajjan (supra); Abhey Ram (supra); and
14
Om Prakash(supra). In the case of Raj Kumar Gandhi (supra), in
which one of us (Brother Arun Mishra, J. was a member), this
Court has dealt with and considered the earlier decisions of this
Court with respect to applicability of Section 11A of the Act in
paragraphs 11, 12, 15 and 16 as under:
In [ v. ,
“11. Abhey Ram Abhey Ram Union of India
(1997) 5 SCC 421] this Court has considered the
extended meaning of the words “stay of the action or
proceedings” and referring to various decisions,
observed that any type of the orders passed by the
Court would be an inhibitive action on the part of the
authorities to proceed further. This Court has
observed thus: (SCC pp. 42829, para 9)
“ 9 . Therefore, the reasons given in B.R.
v. [ v.
Gupta Union of India B.R. Gupta Union of
India , 1988 SCC OnLine Del 367 : (1989) 37 DLT
150] are obvious with reference to the quashing
of the publication of the declaration under
Section 6 visàvis the writ petitioners therein.
The question that arises for consideration is
whether the stay obtained by some of the
persons who prohibited the respondents from
publication of the declaration under Section 6
would equally be extendible to the cases relating
to the appellants. We proceed on the premise
that the appellants had not obtained any stay of
the publication of the declaration but since the
High Court in some of the cases has, in fact,
prohibited them as extracted hereinbefore, from
publication of the declaration, necessarily, when
the Court has not restricted the declaration in
the impugned orders in support of the petitioners
therein, the officers had to hold back their hands
till the matters were disposed of. In fact, this
Court has given extended meaning to the orders
15
of stay or proceeding in various cases,
namely, Yusufbhai Noormohmed
Nendoliya v. State of Gujarat [ Yusufbhai
v. , (1991)
Noormohmed Nendoliya State of Gujarat
4 SCC 531] ; Hansraj H. Jain v. State of
Maharashtra [ Hansraj H. Jain v. State of
Maharashtra , (1993) 3 SCC 634] ; Sangappa
Gurulingappa Sajjan v. State of
Karnataka [ Sangappa Gurulingappa
Sajjan v. State of Karnataka , (1994) 4 SCC
145] ; Gandhi Grah Nirman Sahkari Samiti
Ltd. v. State of Rajasthan [ Gandhi Grah Nirman
Sahkari Samiti Ltd. v. State of Rajasthan , (1993)
2 SCC 662] ; v.
G. Narayanaswamy Reddy State
of Karnataka [ G. Narayanaswamy Reddy v. State
of Karnataka , (1991) 3 SCC 261] and Roshanara
Begum v. Union of India [ Roshanara
Begum v. Union of India , (1986) 1 Apex Dec 6
(SC)] . The words “stay of the action or
proceeding” have been widely interpreted by this
Court and mean that any type of the orders
passed by this Court would be an inhibitive
action on the part of the authorities to proceed
further. When the action of conducting an
enquiry under Section 5A was put in issue and
the declaration under Section 6 was questioned,
necessarily unless the Court holds that enquiry
under Section 5A was properly conducted and
the declaration published under Section 6 was
valid, it would not be open to the officers to
proceed further into the matter. As a
consequence, the stay granted in respect of some
would be applicable to others also who had not
obtained stay in that behalf. We are not
concerned with the correctness of the earlier
direction with regard to Section 5A enquiry and
consideration of objections as it was not
challenged by the respondent Union. We express
no opinion on its correctness, though it is open
to doubt.”
16
12. In Om Parkash v. Union of India [ Om
Parkash v. Union of India , (2010) 4 SCC 17 : (2010) 2
SCC (Civ) 1] , this Court as to the effect of interim
stay has observed thus: (SCC p. 44, para 72)
“ 72 . Thus, in other words, the interim order of
stay granted in one of the matters of the
landowners would put complete restraint on the
respondents to have proceeded further to issue
notification under Section 6 of the Act. Had they
issued the said notification during the period
when the stay was operative, then obviously they
may have been hauled up for committing
contempt of court. The language employed in the
interim orders of stay is also such that it had
completely restrained the respondents from
proceeding further in the matter by issuing
declaration/notification under Section 6 of the
Act.”
15. The learned counsel has also relied
upon Yusufbhai Noormohmed Nendoliya v. State of
Gujarat [ Yusufbhai Noormohmed Nendoliya v. State of
Gujarat , (1991) 4 SCC 531] in which this Court has
opined that the Explanation to Section 11A is in the
widest possible terms and there is no warrant for
limiting the action or proceedings referred to in the
Explanation to actions or proceedings preceding the
making of the award under Section 11. Therefore, the
period of an injunction obtained by the landholder
from the High Court restraining the land acquisition
authorities from taking possession of the land has to
be excluded in computing the period of two years.
The decision is of no help to the submission
espoused on behalf of the appellant. This Court
in Yusufbhai Noormohmed Nendoliya [ Yusufbhai
Noormohmed Nendoliya v. State of Gujarat , (1991) 4
SCC 531] observed: (SCC p. 535, para 8)
17
“ 8 . The said Explanation is in the widest possible
terms and, in our opinion, there is no warrant for
limiting the action or proceedings referred to in
the Explanation to actions or proceedings
preceding the making of the award under Section
11 of the said Act. In the first place, as held by
the learned Single Judge himself where the case
is covered by Section 17, the possession can be
taken before an award is made and we see no
reason why the aforesaid expression in the
Explanation should be given a different meaning
depending upon whether the case is covered by
Section 17 or otherwise. On the other hand, it
appears to us that Section 11A is intended to
confer a benefit on a landholder whose land is
acquired after the declaration under Section 6 is
made in cases covered by the Explanation. The
benefit is that the award must be made within a
period of two years of the declaration, failing
which the acquisition proceedings would lapse
and the land would revert to the landholder. In
order to get the benefit of the said provision what
is required, is that the landholder who seeks the
benefit must not have obtained any order from a
court restraining any action or proceeding in
pursuance of the declaration under Section 6 of
the said Act so that the Explanation covers only
the cases of those landholders who do not obtain
any order from a court which would delay or
prevent the making of the award or taking
possession of the land acquired. In our opinion,
the Gujarat High Court was right in taking a
similar view in the impugned judgment.”
16. Reliance has also been placed on Sangappa
Gurulingappa Sajjan v. State of Karnataka [ Sangappa
Gurulingappa Sajjan v. State of Karnataka , (1994) 4
SCC 145] , in which this Court has laid down that in
case there was a stay of dispossession, no useful
purpose would be served by issuing a declaration
18
under Section 6. Therefore, the period during which
the order of dispossession granted by the High Court
operated, should be excluded in the computing
period. In Sangappa Gurulingappa Sajjan [ Sangappa
Gurulingappa Sajjan v. State of Karnataka , (1994) 4
SCC 145] this Court observed: (SCC pp. 14748, para
2)
“ 2 . The petitioner contends that the declaration
under Section 6 was not published within three
years from the date of the Notification dated 17
51984 and, therefore, the Notification under
Section 4(1) shall stand lapsed. We find no
substance in the contention. Firstly, the case
would be dismissed on a short ground that
though this plea was available to the petitioner,
he did not raise the same in the first instance
and that, therefore, by operation of Section 11
CPC, it operates as constructive res judicata.
Under first proviso to Section 6(1), as amended in
Land Acquisition (Amendment) Act 68 of 1984
through Section 6 thereof that ( i ) no declaration
in respect of any particular land covered by a
notification under Section 4, subsection (1) shall
be published after the commencement of the
Land Acquisition (Amendment and Validation)
Ordinance, 1967, but before the commencement
of the Land Acquisition (Amendment) Act, 1984,
after the expiry of three years from the date of
publication of the notification; or ( ii ) after the
commencement of the Land Acquisition
(Amendment) Act, 1984 shall be made after the
expiry of one year from the date of the
publication of the notification. In other words,
under the preAmendment Act the declaration
under Section 6(1) shall not be published after
the expiry of three years from the date of Section
4(1) publication and after the commencement of
the Amendment Act, the State has no power to
proceed with the matter and publish the
declaration under Section 6(1) after the expiry of
19
one year from the date of the publication of the
notification. Explanation 1 thereto provides the
method or mode of computation of the period
referred to in the first proviso, namely, the period
during which “any action or proceeding” be taken
in pursuance of the notification issued under
subsection (1) of Section 4 being “stayed by an
order of a court shall be excluded”. In other
words, the period occupied by the order of stay
made by a court shall be excluded. Admittedly,
pending writ petition on both the occasions the
High Court granted “stay of dispossession”.
Admittedly, the validity or tenability of the
notification issued and published under Section
4(1) is subject of adjudication before the High
Court. Till the writ petitions are disposed of or
the appeals following its heels, the stay of
dispossession was in operation. Though there is
no specific direction prohibiting the publication
of the declaration under Section 6, no useful
purpose would be served by publishing Section
6(1) declaration pending adjudication of the
legality of Section 4(1) notification. If any action
is taken to preempt the proceedings, it would be
stigmatised either as “undue haste” or action to
“overreach the court's judicial process”.
Therefore, the period during which the order of
dispossession granted by the High Court
operated, should be excluded in computation of
the period of three years covered by clause (1) of
the first proviso to the Land Acquisition Act.
When it is so computed, the declaration
published on the second occasion is perfectly
valid. Under these circumstances, we do not find
any justification to quash the notification
published under Section 6 dated 1751984. The
review petitions are accordingly dismissed. No
costs.”
20
7.4 That thereafter in paragraphs 13 and 17, this Court
has observed and held as under:
“13. Thus, it is apparent that when the stay has
been granted in one matter and when the scheme
was one, authorities were justified in the facts and
circumstances of the instant case to stay their
hands. Moreover, a large number of writ petitions
have been dismissed by the High Court and orders
have attained finality and this Court has also
dismissed the appeals/SLPs. Thus, we are not
inclined to take a different view in the instant case.
In the instant case, various notifications and
17.
declarations under Sections 4 and 6 were issued on
the same date with respect to the same scheme.
Thus, they were part and parcel of the same scheme.
Thus, the submission raised by the learned counsel
for the appellant stands rejected.”
7.5 On considering catena of decisions of this Court, referred to
hereinabove, the following propositions of law can be culled out:
(i) when the scheme of the acquisition is one, interim stay
granted in respect of one pocket of land would operate even with
respect to other pockets of land and in such a situation the
authorities are justified in not proceeding with the acquisition
proceedings and therefore the acquisition proceedings would not
lapse;
21
(ii) interim order of stay granted in respect of one of the land
owners would have a complete restraint for the authorities to
proceed further;
(iii) when the stay has been granted in one matter and where
the scheme was one, the authorities were justified to stay their
hands;
(iv) the extended meaning of the words “stay of the action or
proceedings under Section 11A of the Act” would mean that any
interim effective order passed by the court which may come in
the way of the authorities to proceed further;
(v) Explanation to Section 11A of the Act is in the widest
possible terms and there is no warrant for limiting the action or
proceedings, referred to in the explanation, to actions or
proceedings preceding the making of the award under Section 11
of the Act and therefore the period of injunction obtained by the
land holders staying the acquisition and authorities from taking
possession of the land has to be excluded in computing the
period of two years.
7.6 Now so far as submission on behalf of the original writ
petitioners that when subsequently the award was declared, the
lands with respect to Writ Petition Nos. 3051/2013 and
22
3159/2013 were excluded and therefore the decision of this
Court in the case of Raj Kumar Gandhi (supra) shall not be
applicable has no substance. Merely because to avoid contempt
proceedings and/or in view of the stay granted in the aforesaid
two writ petitions which was continued subsequently till the
representations are considered, the authorities excluded the
lands for which writ petitions were filed, it cannot be said that
the period during which the stay was operating in Writ Petition
Nos. 3051/2013 and 3159/2013 shall not be excluded. The
words “stay of the action or proceedings under Section 11A of the
Act” would mean that any order of stay in one or the other matter
if passed by Court of law, which either prohibits or prevents the
State authorities from passing of an award, such a period of stay
of action/proceedings deserves to be excluded while computing
the statutory period of two years in passing of an award by the
authority under Section 11 of the Act. Even otherwise, as
observed hereinabove, there was already a stay of possession in
Writ Petition No. 7867/2012 and therefore even otherwise the
authorities were justified in not proceeding further with the
acquisition proceedings.
23
7.7 It is true that there is no bar to have more than one
declaration under Section 6 or the award under Section 11 of the
Act in reference to the selfsame acquisition proceedings initiated
under Section 4 followed with Section 6 of the Act but if there is a
stay of the proceedings by a Court of law in any of the matter,
that certainly prevents the authorities in taking its decision to
complete the acquisition proceedings within the statutory period
as mandated by law in passing of award within two years from
the date of declaration under Section 6 of the Act.
7.8 In meeting out a complex situation, the conclusion which
emerges is that if there is any stay over the action or proceeding
by a Court of law, in one or the other matter arising from the self
same acquisition proceedings in reference to Section 4 followed
with Section 6 of the Act, the authorities are said to be justified
in the given facts and circumstances to stay their hands and
await the decision of the Court and such a period during which
there is a stay over the action or proceeding by a Court of law in
a matter, that has to be excluded for all practical purposes, in
computing the statutory period of two years in passing of an
award under Section 11 of the Act.
24
8. Applying the aforesaid principles of law to the facts of the
case on hand and considering the fact that there was a stay
granted by the High Court in writ petition Nos. 3051/2013 and
3159/2013 against declaring the final award and the said writ
petitions were with respect to the lands acquired of the very
village under the very notification and for the very project and
there was stay of possession in writ petition no. 7867/2012
during the pendency of the said petition, the period during which
the aforesaid stay/s was/were operative is to be excluded and if
the said period is excluded, in that case, the acquisition
proceedings would not lapse, considering explanation to Section
11A of the Act. Under the circumstances, the High Court has
erred in quashing and setting aside the acquisition proceedings
on the ground that the same have lapsed as the award was not
declared within a period of two years from the date of declaration
under Section 6 of the Act. The High Court has committed a
grave error in not excluding the period of interim stay granted by
it in writ petition nos. 3051/2013 and 3159/2013. As observed
hereinabove, even grant of interim stay of possession would also
save lapsing of the acquisition.
25
9. In view of the above and for the reasons stated above, all
these appeals succeed. The impugned judgments and orders
passed by the High Court are hereby quashed and set aside.
Consequently, the writ petitions filed before the High Court stand
dismissed. In the facts and circumstances of the case, there
shall be no order as to costs.
……………………………………J.
[ARUN MISHRA]
……………………………………J.
[M.R. SHAH]
NEW DELHI; …………………………………..J.
SEPTEMBER 04, 2019. [AJAY RASTOGI]
26