Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisit ion Act 1894 ss.4(1) 6(1) and 48 Withdrawal notification of the acquired land |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Land Acquisition Act, 1894 – ss.4(1), 6(1) and 48 – Withdrawal notification of the acquired land – State Government acquired 78 acres 16 guntas of land for public purpose – The State executed an agreement of the said land in favour of the appellant-cooperative society which included survey no.30 measuring 5 acres 33 guntas – Respondent no.3 claimed to be the owner of the survey no.30 – Before the acquisition proceedings, respondent no.3 had sold a certain portions of land to a third party – Thereafter, respondent no.3 filed writ petition questioning the acquisition and later filed another writ petition questioning the award determining the market value of the land – Both writ petitions were dismissed by the High Court – Out of the total 5 acres 33 guntas, 2 acres 36 guntas of land was handed over to the appellant by the State – Respondent no.3 sought de-notification of the remaining 3 acres 5 guntas i.e. the disputed property in survey no.30 – Inspite of dismissal of writ petitions rejecting the challenge made by the respondent no.3, the State Government issued a withdrawal notification u/s. 48 of the Act in respect of the disputed property, even without affording an opportunity of being heard to the appellant – Aggrieved, appellant filed writ petition before the High Court, which was dismissed – Writ appeal was also dismissed – On appeal, held: It is clear that sub-section (1) of s.48 of the L.A. Act empowers the government to withdraw from acquisition proceedings of the land of which possession has not taken place – In the instant case, the State had acquired 78 acres 16 guntas of land in favour of appellant including the land in survey no.30 and possession was also taken except the disputed land to an extent of 3 acres 5 guntas in survey no.30 – Further, the lands were notified for public purposes – The approved layout plan was issued by the government in compliance with the provisions of the BDA Act and the planning Act – The disputed property was within the layout – Materials on record also made clear that the disputed property was earmarked as civic amenity – If the order of the de-notification is allowed to stand, the very object of the planned development of the layout would be lost – Thus, order of de-notification passed by the State was without application of mind and was arbitrary in nature – Further, respondent no.3 had already sold 1/3rd of the 3 acres 5 guntas of land in survey no.30, so she could not have maintained the application for de-notification of the said portion of the land as she had no subsisting interest in the said land – Karnataka Town and Country Planning Act, 1961 – Bangalore Development Act, 1976. Land Acquisition Act, 1894 – s.48 – Purpose of – Held: A combined reading of sub-section (1) and sub-section (2) of s.48 of the L.A. Act makes it clear that the purpose of s.48 was mainly to ensure that the State Government is not compelled to acquire the land when the acquisition ceases to be beneficial for the intended purpose – That is why, sub-section (2) of s.48 provides for payment of compensation to the owner, whose land was notified for acquisition but not acquired for the reason that such an acquisition is against the public interest and public revenue. Land Acquisition Act, 1894 – s.48 – Precautions under – Held: The government should refrain from de-notifying or dropping any land being acquired for the formation of a layout, u/s.48 of the L.A Act or under any other law – The courts should also be very strict while considering the plea of the landowners seeking de-notification of the lands which are being acquired or quashing of the notification on the ground of lapsing of the scheme or on any other grounds in respect of the acquired lands for the formation of the layout – It has to be kept in mind that private interest always stands subordinated to the public good. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2019 INSC 952 |
Petitioner | M/s. Vinayak House Building Cooperativesociety Ltd. |
Respondent | The State Of Karnataka & Ors. |
SCR | [2019] 11 S.C.R. 243 |
Judgement Date | 2019-08-26 |
Case Number | 3600 |
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