Petitioners sought a declaration that the acquisition of their land in Village Iradat Nagar had lapsed under Section 24(2) of the 2013 Act. The Court found that compensation had been paid and physical possession taken, that the claim was stale, and dismissed the petition on laches and merits, vacating the interim status quo order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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SRI KRISHAN AND ORS. ...Petitioners Through: Mr.Ravi Prakash Gupta, Advocate.
versus
UNION OF INDIA AND ORS. ... Respondents Through: Mr. Anurag Ahluwalia, CGSC for UOI. Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates for LAC/L&B.
Mr. Dhanesh Relan, Standing Counsel DDA with Ms. Gauri Chaturvedi, Advocate.
CORAM:
JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA
J U D G M E N T
% 20.02.2019 Dr. S. Muralidhar, J. :
"(i) Issue any appropriate writ, order or direction declaring acquisition proceedings w.r.t. land of petitioners measuring total 38-04 bighas comprised in Khasra Nos.9 to 13, 17 to 20 & 26 situated, at VillageIradat Nagar @Naya Bans, North-West Delhi in N.C.T. of Delhi [mentioned at serial no. 75 to 78 in the list of claimants given in Award bearing No.7/DC(NW)/2004-05 dt. 29.06.2004] as deemed to have lapsed u/s Section 24 (2) of Land Acquisition Act, 1894 and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013;and/or
(b) Issue any appropriate writ, order or direction quashing Notification
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F-10(4) 1911 L.&B./L.A./7329 dt. 22.08.2001 issued u/s 4, Notification No. F-10(4) /97/L.&B./L.A./7910 dated 26.07.2002 issued u/s 6 of Land Acquisition Act and Award bearing No.7/DC(NW)/2004-05 dt. 29.06.2004 w.r.t. land measuring total 3804 bigha situated in Revenue Estate of Village-Iradat Nagar @ Naya Bans, North-West, Delhi in N.C.T. of Delhi bearing Khasra Nos. 9 to 13, 17 to 20 & 26 as mentioned at serial no. 75 to 78 in the list of claimants mentioned in Award bearing No.7/DC(NW)/2004-05 dt. 29.06.2004 for being violative of Articles 14 & 300-A of the Constitution of India as well as provisions contained Land Acquisition Act, 1894 and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; and/or
(c) Issue any appropriate writ, order or direction commanding the Respondent No. l to extend benefit of Section 101 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to over all land acquisitions made earlier under repealed Land Acquisition Act, 1894;and/or
(d) Issue any appropriate writ, order or direction restraining the respondents, their officers, agents, representatives or anybody claiming through them from entering the name of govt. in the revenue records and also restraining them from dispossessing the petitioners from their settled possession over the land in dispute and changing the nature, title and character of plot in dispute falling in revenue estates of Village-Iradat Nagar @ Naya Bans, North-West, Delhi in N.C.T. of Delhi bearing Khasra Nos. 9 to 13, 17 to 20 & 26; and/or
(e) Award the costs of writ petition in favour of petitioners."
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admeasuring 38 bighas and 4 biswas in Khasra Nos. 9 to 13, 17 to 20 and 26 situated in Village-Iradat Nagar @ Naya Bans, North-West, Delhi.
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the signatures of the independent witnesses. These Petitioners assert that they continue to remain in actual physical possession and are cultivating the lands in question. Photographs to show that they are cultivating the subject lands have been enclosed with the petition.
“That the petitioners being on road for having left on the verge of starvation with no source of income have although withdrawn the compensation which they are ready to return on declaration of acquisition proceedings as lapsed.”
“such statement ought not to have been taken literally. These phrases are normally used to show the pitiable condition of farmers agitating all over India committing suicides in large numbers.”
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(North) on 27th September, 2014. Inter alia, it is pointed out that the Petitioners have suppressed material facts, both as regards possession as well as compensation.
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nothing but „illegal possession‟ with the Petitioners being „unlawful encroachers of the government land‟.
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continue the aforementioned stay order, the practice in the Supreme Court, according to him, is that once a stay order is passed by a particular Bench, then it would continue unless it is discontinued by either the same Bench or a larger Bench. He referred to an order dated 28th September 2018 passed by the Supreme Court in Miscellaneous Application Diary No.28242/2018 ( Yogender Kumar v. Union of India ) in which the order reads: “List the matter after judgment is delivered in SLP(C) 9798-99 of 2016" (i.e. Indore Development Authority v. Shyam Verma ). According to him, the aforementioned one line order should be understood as the Supreme Court having continued the stay order passed in State of Haryana v. M/s. G. D. Goenka Tourism Corporation Ltd. ( supra ).
“22. In order to appreciate the above submission it requires to be noted that the three Judge Bench of the Supreme Court had in Pune Municipal Corporation v. Harakchand Misirimal Solanki (2014) 3 SCC 183 interpreted Section 24 of the 2013 Act. One of the issues considered was whether the deposit of compensation in the Government treasury, when the land owner refuses to
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accept it would amount to tendering compensation for the purpose of Section 24 (2) of 2013 Act. This was answered in the negative in the said decision.
“3.1 (i) What is the meaning of the expression „paid'/„tender' in Section 24 of the Act of 2013 and section 31 of the Act of 1894? Whether non-deposit of compensation in court under section 31(2) of the Act of 1894 results into a lapse of acquisition under section 24(2) of the Act of 2013. What are the consequences of non-deposit in Court especially when compensation has been tendered and refused under section 31(1) of the Act of 1894 and section 24(2) of the Act of 2013? Whether such persons after refusal can take advantage of their wrong/conduct?
3.2 (ii) Mode of taking physical possession as contemplated under section 24(2) of the 1894 Act.?
3.3. (iii) Whether section 24 of Act of 2013 revives barred and stale claims?
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3.4 (iv) Whether the conscious omission referred to in paragraph 11 of the judgment in Sree Balaji Nagar Residential Association v. 5 State of Tamil Nadu [(2015) 3 SCC 353] makes any substantial difference to the legal position with regard to the exclusion or inclusion of the period covered by an interim order of the Court for the purpose of determination of the applicability of Section 24 (2) of the 2013 Act?
3.5 (v) Whether the principle of “actus curiae neminem gravabit”, namely act of the Court should not prejudice any parties would be applicable in the present case to exclude the period covered by an interim order for the purpose of determining the question with regard to taking of possession as contemplated in Section 24(2) of the 2013 Act?
“Q. No. I: 218.l. The word „paid‟ in section 24 of the Act of 2013 has the same meaning as „tender of payment‟ in section 31(1) of the Act of 1894. They carry the same meaning and the expression „deposited‟ in section 31(2) is not included in the expressions „paid‟ in section 24 of the Act of 2013 or in „tender of payment' used in section 31(1) 194 of the Act of 1894. The words „paid'/tender' and „deposited' are different expressions and carry different meanings within their fold. In section 24(2) of the Act of 2013 in the expression „paid,' it is not necessary that the amount should be deposited in court as provided in section 31(2) of the Act of 1894. Non-deposit of compensation in court under section 31(2) of the Act of 1894 does not result in a lapse of acquisition under section 24(2) of the Act of 2013. Due to the failure of deposit in court, the only consequence at the most in appropriate cases may be of a higher rate of interest on compensation as envisaged under section 34 of the Act of
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1894 and not lapse of acquisition. Once the amount of compensation has been unconditionally tendered and it is refused, that would amount to payment and the obligation under section 31(1) stands discharged and that amounts to discharge of obligation of payment under section 24(2) of the Act of 2013 also and it is not open to the person who has refused to accept compensation, to urge that since it has not been deposited in court, acquisition has lapsed. Claimants/landowners after refusal, cannot take advantage of their own wrong and seek protection under the provisions of section 24(2).
Q. No. II:- 218.2 . The normal mode of taking physical possession under the land acquisition cases is drawing of Panchnama as held in Banda Development Authority (supra).
Q. No. III :- 218.3. The provisions of section 24 of the Act of 2013, do not revive barred or stale claims such claims cannot be entertained.
Q.No. IV:- 218.4. Provisions of section 24(2) do not intend to cover the period spent during litigation and when the authorities have been disabled to act under section 24(2) due to the final or interim order of a court or otherwise, such period has to be excluded from the period of five years as provided in section 24(2) of the Act of 2013. There is no conscious omission in section 24(2) for the exclusion of a period of the interim order. There was no necessity to insert such a provision. The omission does not make any substantial difference as to legal position.
Q. No. V:- 218.5. The principle of actus curiae neminem gravabit is applicable including the other common law principles for determining the questions under section 24 of the Act of 2013. The period covered by the final/ interim order by which the authorities have been deprived of taking possession has to be excluded. Section 24(2)
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has no application where Court has quashed acquisition.”
“We unanimously agree to the answers given to all the questions i.e. (i) to (v), except to the aspect decided by majority whether Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki 2014 (3) SCC 183 is per incuriam or not. As the majority has taken the view that it is per incuriam, it is declared to be per incuriam. The questions referred stand answered in terms of majority judgment. Hence, ordered accordingly.”
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incuriam.” In the circumstances the Supreme Court in para 9 of its order dated 21st February, 2018 in State of Haryana v. G.D.Goenka Tourism Corporation Ltd. (s upra ) observed as under:
“we are of the opinion that it would be appropriate if in the interim and pending a final decision on making a reference (if at all) to a larger Bench, the High Courts be requested not to deal with any cases relating to the interpretation of or concerning Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Secretary General will urgently communicate this order to the Registrar General of every High Court so that our request is complied with.”
“Vide order dated 18.04.2016 Indore Development Authority v. Shyam Verma , this matter was directed to be listed after the decision in SLP(Civil) No.10742 of 2008. The same has since been decided in Indore Development Authority v. Shailendra (2018) 3 SCC 412 . A copy of order dated 21.02.2018 in SLP (C) No. 5552/2018 CC. No.8453/2017 State of Haryana v. G.D. Goenka Tourism Corporation Limited has been shown to this Court by Mr. Rohatgi, Senior Advocate. We are of the view that having regard to the nature of the issues involved in the matter, the issues need to be resolved by a larger Bench at the earliest. These matters may be placed before the appropriate Bench tomorrow i.e. 23 February, 2018, as per orders of Hon‟ble the Chief Justice of India.”
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Charitable Trust ).
“8. Keeping in view the aforesaid orders, it was thought appropriate by the Chief Justice of India to constitute a Constitution Bench to deal with all the issues in an apposite manner, and that is how these matters have been placed before us.
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including the correctness of the decision rendered in Pune Municipal Corporation ( supra ) and other decisions following the said decision as well as the decision rendered in Indore Development Authority v. Shailendra ( supra ).”
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“128. In our considered opinion section 24 cannot be used to revive the dead or stale claims and the matters, which have been contested up to this Court or even in the High Court having lost the cases or where reference has been sought for enhancement of the compensation. Compensation obtained and still it is urged that physical possession has not been taken from them, such claims cannot be entertained under the guise of section 24(2). We have come across the cases in which findings have been recorded that by which of drawing a Panchnama, possession has been taken, now again under Section
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24(2) it is asserted again that physical possession is still with them. Such claims cannot be entertained in view of the previous decisions in which such plea ought to have been raised and such decisions would operate as res judicata or constructive res judicata. As either the plea raised is negatived or such plea ought to have been raised or was not raised in the previous round of litigation. Section 24 of the Act of 2013 does not supersede or annul the court‟s decision and the provisions cannot be misused to reassert such claims once over again. Once Panchnama has been drawn and by way of drawing the Panchnama physical possession has been taken, the case cannot be reopened under the guise of section 24 of Act of 2013.
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the provisions of section 24 (2) of the 2013 Act; and, by the decision laid down in Pune Municipal Corporation ( supra ), and this Court never, even for a moment, intended that such cases would be received or entertained by the courts.”
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D.K.Trivedi & Sons v. Ambalal Manibhai Patel (supra) that if a larger Bench of the Supreme Court is seized of an issue, the High Court should ordinarily not proceed to decide the matter, in the present case considering that an earlier stay order passed by the three Judge Bench of the Supreme Court in State of Haryana v. G.D.Goenka Tourism Corporation Ltd. (supra) was not continued by the Constitution Bench at the time of making the reference, the said decision in the D.K.Trivedi & Sons v. Ambalal Manibhai Patel (supra) is distinguishable on facts.”
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October 2004, copies of which have been enclosed with the reply of LAC as Annexure „R2 colly‟ and which have not been denied by the Petitioners in the rejoinder. Therefore, it is of no avail for the Petitioners to contend that in view of the decisions in Balwant Narayan Bagde v. M. D. Bhagwat ( supra ), Banda Development Authority v. Moti Lai Agarwal ( supra ), Velaxan Kumar v. Union of India ( supra ) and Prahlad Singh v. Union of India ( supra ) it should be held that actual physical possession of the lands was not taken by the LAC. As noticed in Kartar Singh v. Union of India ( supra ), the assertion by the Petitioners that they are still cultivating the lands in question can lead only to one inference viz., that they have re-entered upon the land after physical possession was taken over by the LAC and handed over to the DDA. The observation in Kartar Singh v. Union of India ( supra ) that „Section 24(2) of the 2013 Act will not come to the aid of a person who knowingly encroaches upon the land that is already vested in the State upon passing of the award‟ will apply on all fours to the case in hand.
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records were produced to show that the possession of the lands in question taken over on 1st November 1999 while the Petitioners before the Court were claiming to still be in cultivatory possession of the land. In that context the Court observed as under:
“The fact that the petitioners continued to sow crops on the land even after the land had vested in the State was in that view of the matter wholly inconsequential. As a matter of fact, any such cultivation could at best be deemed to be permissive and the land for that purpose deemed to be in trust with those cultivating the same. We are supported in that view by a decision of the Division Bench of this Court in Nagin Chand Godha v. Union of India and Ors. 2003 (70) DRJ 721 where the Court has while dealing with a similar contention observed:
The Apex Court in the case of Executive Engineer Jal Nigam Central Stores Division U.P. v. Suresha Nand Juyal, (1997) 9 SCC 224 , also considered the question of symbolic possession taken by the Officers. Therefore, in view of what is stated hereinabove, it is not possible for this Court to agree with the submission of the learned Counsel that possession is not taken. Suffice it to say that after symbolic possession is taken, if the petitioner is enjoying the possession, he is enjoying the possession as a trustee on behalf of the public at large and that by itself cannot be considered to be a ground to contend that possession is not taken. It is the duty of the person who is occupying the property to look after the property and to see that the property is not defaced or devalued by himself or by others. He cannot subsequently come to the Court to say that actual possession is not taken and therefore he should be protected and land be denotified.
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S. MURALIDHAR, J.
SANJEEV NARULA, J.
FEBRUARY 20, 2019/ tr
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3 issues framed by the court
Whether the acquisition of the petitioners' land is deemed to have lapsed under Section 24(2) of the 2013 Act for want of payment of compensation and taking of possession.
Whether the writ petition is barred by laches, the award having been passed in 2004 and compensation paid.
Whether this Court should defer hearing the petition pending the Constitution Bench decision in Indore Development Authority v. Shyam Verma.
Colour shows how this judgement treated each authority
Balwant Narayan Bagde v. M. D. BhagwatDistinguished¶20
Balwant Narayan Bagde v. M. D. Bhagwat (1976) 1 SCC 700 · Who else cites this
Banda Development Authority v. Moti Lai AgarwalDistinguished¶20
Banda Development Authority v. Moti Lai Agarwal (2011) 5 SCC 394 · Who else cites this
Prahlad Singh v. Union of IndiaDistinguished¶20
Prahlad Singh v. Union of India (2011) 5 SCC 386 · Who else cites this
Velaxan Kumar v. Union of IndiaDistinguished¶20
Velaxan Kumar v. Union of India (2015) 4 SCC 325 · Who else cites this
Indore Development Authority v. ShailendraFollowed¶24
Indore Development Authority v. Shailendra (2018) 3 SCC 412 · Who else cites this
Indore Development Authority v. Shyam VermaReferred¶18
Indore Development Authority v. Shyam Verma (2018) 3 SCC 405 · Who else cites this
State of Haryana v. M/s.G.D.Goenka Tourism Corporation Ltd.Referred¶18
State of Haryana v. M/s.G.D.Goenka Tourism Corporation Ltd. (2018) 3 SCC 585 · Who else cites this
Yogender Kumar v. Union of IndiaReferred¶15
Miscellaneous Application Diary No.28242/2018 (Yogender Kumar v. Union of India)
Kartar Singh v. Union of IndiaFollowed¶16
WP(C) No.6287/2014 (Kartar Singh v. Union of India)
Mool Chand v. Union of IndiaFollowed¶17
WP(C) 4528 of 2015 (Mool Chand v. Union of India)
Mahadeo v. State of UPRelied on¶21
Mahadeo v. State of UP (2013) 4 SCC 524 · Who else cites this
Sulochana Chandrakant Galande v. Pune Municipal TransportRelied on¶21
Sulochana Chandrakant Galande v. Pune Municipal Transport (2012) 1 SCC 138 · Who else cites this
Dr. Rajbir Solanki v. Union of IndiaReferred¶21
Dr. Rajbir Solanki v. Union of India 148 (2008) DLT 363 (DB) · Who else cites this
1 provisions across 1 enactments
Sri Krishan
Union of India
S. Muralidhar
Sanjeev Narula
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
