| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Right to Fair Compensation and Transparency |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: ss. 25 and 24(1)(a) – Interpretation of s. 24(1)(a) – Determination of period within which an award to be made – Held: s. 11A of the 1894 Act and s. 25 of the 2013 Act prescribe two different periods of limitation – If two year period for making an award in terms of s.11A of the 1894 Act is applied to awards made u/s. 24(1)(a), it may lead to practical absurdities and anomalies – This would mitigate against the legislative intent behind prescription of time for making of an award in respect of saved acquisition proceedings initiated under the repealed 1894 Act – Therefore to give effect and making the underlying intention of the Parliament, the limitation for passing/making of an award u/s. 24(1)(a) would be in terms of s. 25, which would commence from 01.01.2014, that is, the date when the 2013 Act came into force – Awards passed u/s. 24(1)(a) would be valid if made within twelve months from 01.01.2014, subject to the caveat that a declaration which has lapsed in terms of s.11A of the 1894 Act before or on 31.12.2013 would not get revived – Thus, the choice is exercised to arrive at a just, fair and harmonious construction consistent with the legislative intent – Rational approach so as to further the object and purpose of ss.24 and 26 to 30 is required – On facts, publication of declaration for land acquisition u/s. 6 of the 1894 Act, on 08.08.12 – On 01.01.14, the Act of 2013came into force and 1894 Act stood repealed – On 30.10.14, award purportedly made in terms of s. 24(1)(a) – Writ petitions by landowners challenging the award – High Court set aside the award holding that the acquisition proceeding had lapsed since in terms of s. 11A award ought to havebeen passed within two years from the date of declaration-before 08.08.14; and that the award purportedly made on 30.10.14 was backdated – Award purportedly dated 30.08.2014, was in any case duly made on or before the extended date of 20.03.2015 – Period of 79 days from 26.05.2014 when the High Court stayed operation of the notification dated 19.03.2014, till the new notification dated 13.08.2014 was issued has to be excluded –– Thus, the award is legal and valid and order passed by the High Court is set aside – Land Acquisition Act 1894. ss. 25, 24(1)(a) and 30 – Compensation u/s. 24(1)(a) – Determination of – Explained. s.24(1)(a) and 25 –Words “all the provisions relating to determination of compensation” in s. 24(1)(a) – Meaning of – Held: It would be read as including the period of limitation specified in s. 25 of the 2013 Act – Word ‘all’ and the expression “relating to” used in s. 25 of the 2013 Act, are to be given a wide meaning to ensnare the legislative intent – Words and phrases. s. 24(1) – Interpretation of – Constitution Bench decision in Indore Development Authority’s case held that the 2013 Act operates prospectively, and that s. 114 of the 2013 Act effects a repeal but with certain savings, in accordance with s. 24 – Thus, the acquisition proceedings are preserved under the 1894 Act till the stage of making of the award – Where an award is not made, the provisions relating to determination of compensation under the 2013 Act would apply; where the award is made, proceedings would continue under the provisions of the 1894 Act as if the said Act has not been repealed. s. 24(2) – Interpretation of – Decision in Indore Development Authority’s case holding that where proceedings for acquisition had been initiated under the 1894 Act but no award u/s. 11 of the 1894 Act had been made, the provisions of the 2013 Act would apply limited to determination of compensation – Where, however, an award had been made under the 1894 Act, s. 24(1)(b) protects the vested rights of the parties – 2013 Act provides for higher compensation along with provisions for rehabilitation, which should not be taken away – Furthermore, full effect has to be given to the provisions contained in s. 24 as it is not for the court to legislate – Courts can and do, in appropriate cases, clear ambiguity in legislationsLand Acquisition Act 1894: s. 11A – Two year period within which award to be made u/s. 11A – Application of, even after repeal – Held: s. 11A requires that an award u/s. 11 must be passed within a period of two years from the date of publication of the declaration and if no award is so made, the proceedings for acquisition of land would lapse – Period during which any action or proceedings to be taken pursuant to the declaration is stayed by an order of a court is to be excluded while calculating the period of two years. Limitation: Statutes of limitation – Nature of – Held: Is generally regarded as procedural as its object is not to create any right but prescribe periods within which legal proceedings should be instituted for enforcement of rights or adjudication orders should be passed – Statutes of limitation have retrospective effect insofar as they apply to all legal proceedings brought after they come into force – However, the laws relating to limitation have been held to be prospective since they do not have the effect of reviving the right of action which is already barred on the date of their coming into operation, nor do they have the effect of extinguishing a right of action subsisting on the date – Thus, unless the language of the provision dealing with period of limitation clearly manifests, in express terms or by necessary implication, a contrary intention divesting vested rights, such provision is to be construed as prospective. General Clauses Act, 1897: s. 6 – Effect of repeal – Discussed. Interpretation of statutes: Retrospective application of statutes – Constitution Bench decision in Indore Development Authority’s case holding that extent of retrospectivity would also depend upon the degree of unfairness it causes to the parties – Absence of express limiting words is not to be used as a basis for implying retrospective operation as this would be reverse of the true presumption – However, presumption in favour of retrospectivity may be necessary when distinct implications typically arise in the context of the statute which repeals a previous statute, and would leave a ‘lacuna’ if the new statute were not construed as having retrospective effect – Statute which is prospective in its direct operation cannot be called as retrospective because a part of the requisites for its action is drawn from time antecedent to its passing – Furthermore, for interpretation, a construction which results in unreasonably harsh and absurd results must be avoided. |
| Judge | Hon'ble Mr. Justice Sanjiv Khanna |
| Neutral Citation | 2021 INSC 711 |
| Petitioner | The Executive Engineer, Gosikhurd Project Ambadi, Bhandara, Maharashtra Vidarbha Irrigation Development Corporation |
| Respondent | Mahesh And Others |
| SCR | [2021] 9 S.C.R. 1123 |
| Judgement Date | 2021-11-10 |
| Case Number | 6673 |
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