Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894: Parts II and VII ss. 3(j) 5A. 9 and 11 - Acquisition of land 4 Land Acquisition Act 6 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894: Parts II and VII; ss. 3(j), 4, 6, 5A. 9 and 11 - Acquisition of lancf - At the instance of a particular Company for its project - Notification uls 4(1) stating therein that the land was likely to be needed to be taken by the Government/Government Undertaking/ Development Authorities for a public purpose viz. employment generation, socio-economic development by setting up an industrial project of a particular Company - Objections u/s 5-A filed - Objections were rejected by Land Acquisition Collector and stated in its report that the acquisition by State Industrial Development Corporation was for public purpose - Piirsuant thereto Notification u/s. 6 issued - Award of compensation - The Corporation took possession of the land - Lease Deed executed in favuur of the Company - Acquisition proceedings challenged - High Court upheld the acquisition - On appeal held: Pt;r V. Gopala Gowda, J.: Acquisition in the present case was for 'a Company and hence not covered under 'public purpose' - When the acquisition is for a company, procedure to be adopted is laid down in Part VII r/w rules framed thereunder - Since the procedure under Part VII was not followed, the acquisition is grossly perverse, illegal and void ab initio - The objections u/s 5-A have been rejected without assigning any clear reason or application of mind rendering the report of the Land Acquisition Collector invalid - The award of compensation is also vitiated for non-compliance of provisions uls. 9 - Per Arun Misltra, J.: There can be an acquisition for public purpose and ultimately the land may go on lease or other mode of transfer 'to a company in case the compensation is paid out of public revenue - In the present case the State Industrial Development Corporation i.e. a Govt. Authority was the acquiring body and compensation paid by. it is to be treated out of public revenue - Therefore, theacquisition was for public purpose and hence procedure adopted under Part II cannot be said to be impermissible - Non-compliance of provisions under s.9 in awarding the compensation would also not vitiate the Notifications ulss. 4 and 6 - However, there was no objective consideration of objections u/s. 5-A at any stage - The inquiry held uls. 5-A was a farce and therefore, the entire acquisition stands vitiated -- Per Court: Acquisition of the land is illegal and void - Directions to restore the possession of the land to respective land-owners - Compensation which has already been paid, not to be recovered - Land-owners who have not withdrawn the compensation, permitted to withdraw the same. c Part-JI and Part VII-Distinction between-PerArun Mishra, J.: Existence or non-existence of a public purpose is not a primary distinguishing factor between the acquisition under Part II and that under Part VII - The real point of distinction is the source of.funds to cover the cost of acquisition - The second proviso to s.6(I) is the D main driving ground for the two types of acquisit:"ri. Practice and Procedure: E F Government litigant - Change in stand by subsequent Government - Permissibility - Held: Per V. Gopa/a Gowda, J.: Though rule of law cannot be sacrificed for the sake of fi1rthering political agenda - However, the subsequent Government can change the stand if there is material on record to show that the earlier action by the Government was illegal or suffered from legal malafides or colourable exercise of power. Affidavits - Binding effect, on the Supreme Court - Held: Per V. Gopala Gowda, J.: Supreme Court is not bound by affidavits and counter affidavits filed by parties - The Court in exercise of its power u/Art.136 can decide the legality of the issue on the basis of the material on record - Constitution of IndiaArt.-136. Doctrines/Principles: G Principles of stare decisis - Discussed. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2016 INSC 639 |
Petitioner | Kedar Nath Yadav |
Respondent | State Of West Bengal & Ors. |
SCR | [2016] 11 S.C.R. 263 |
Judgement Date | 2016-08-21 |
Case Number | 8438 |
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