NDLI: Shiv Kumar & Anr. Vs. Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	land owner purchaser of the property Land Acquisition Act 1894 Affected family after issuance of notification under s.4. after
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Land Acquisition Act, 1894 (1 of 1894)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Land Acquisition Act, 1894: s.4 – Whether a purchaser of the property after issuance of notification under s.4 of the Act of 1894, can invoke the provisions contained in s.24 of the Act of 2013 – Held: An incumbent, who has purchased the land after s.4 notification, has no right to question the acquisition – The Act of 2013 intends to benefit landowners mentioned in the notification under s.4 and not such purchasers who purchase the land after it has been vested in the State – Such purchasers do not have right to receive the higher compensation under the provisions contained in the Act of 2013 – Proviso to s.24(2) makes it clear that in case compensation concerning the majority of landholding has not been deposited, then recorded owner(s) at the time of issuance of notification under s.4 of the Act of 1894 shall have the right to receive the compensation – A transaction effected after s.4 notification is illegal and void – Such void transactions are not validated under the Act of 2013 – Thus, the Act of 2013 does not confer any right on purchaser whose sale is ab initio void – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) and its proviso. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: ss.3(c), 3(r) – Affected family, land owner – Meaning of – Discussed. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s.24(2) – Who can claim declaration/rights under s.24(2) for the restoration of land or lapse of acquisition – Held: It cannot be by a person with no title in the land – A person cannot enforce and ripe fruits based on a void transaction to start claiming title and possession of the land by seeking a declaration under s.24 of the Act of 2013; it will amount to conferment of benefit never contemplated by the law – The provision of the Act of 2013 cannot be said to be enabling or authorizing a purchaser after s.4 Notification to question proceeding taken under the Act of 1894 of taking possession – What cannot be done directly cannot be permitted in an indirect manner – Land Acquisition Act, 1894 – s.4. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s.24(2) – Subsequent purchasers cannot be termed to be affected persons within the provisions of Act of 2013 – Thus, no right can be claimed based on a transfer made by way of execution of Power of Attorney, Will, etc., as it does not create any interest in immovable property. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Object of the Act – Held: The provisions of the Act of 2013 aim at the acquisition of land with least disturbance to the landowners and other affected families and to provide just and fair compensation to affected families whose land has been acquired or proposed to be acquired or are affected and to make adequate provisions for such affected persons for their rehabilitation and resettlement – The provisions of Act of 2013 aim at ousting all inter-meddlers from the fray by ensuring payment in the bank account of landholders under s.77 of the Act – The intendment of the Act of 2013 is to benefit farmers etc. – Subsequent purchasers cannot be said to be landowners entitled to restoration of land and cannot be termed to be affected persons within the provisions of Act of 2013.
Judge	Hon'ble Mr. Justice Arun Mishra
Neutral Citation	2019 INSC 1142
Petitioner	Shiv Kumar & Anr.
Respondent	Union Of India & Ors.
SCR	[2019] 13 S.C.R. 695
Judgement Date	2019-10-14
Case Number	8003

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