Full Judgment Text
1
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]
JUDGMENT
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]
JUDGMENT
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]
JUDGMENT
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.
JUDGMENT
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
JUDGMENT
(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
JUDGMENT
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
JUDGMENT
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
JUDGMENT
these appeals. The appeals are, accordingly,
dismissed.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
April 28, 2016
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