Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894: ss. 4, 6, 16 and 18 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 –s. 24(2) – Notification u/s 4 to acquire land of the respondent, followed by declaration u/ s. 6 – Challenge to, by the respondent in a writ petition – High Court granted the stay and directed the parties to maintain the status quo with regards to nature, title and possession of the land and dismissed the writ petition – In appeal, this Court granted interim stay – Meanwhile, Act of 2013 passed – Writ petition by respondent claiming that the land acquisition proceedings under the Act of 1894 stood lapsed as per the s.24(2) of the Act of 2013 – Allowed by the High Court as the award in the matter was made 5 years prior to the commencement of the Act of 2013 and the compensation had not been paid – Appeal before this Court – During the pendency thereof, the proceedings under the 1956 Act that land in question needed for public purpose – Held: Respondents cannot take shelter u/s. 24(2) of the Act of 2013 – Barring 81 days, the appellant acquiring authority was prevented for taking possession of the lands on account of interim stay obtained by the respondents – If not for the stay, the lands would have been taken and the land would have stood vested with the Government under the 1894 Act – Furthermore, Government cannot acquire the the land already vested in it and the Government cannot be compelled to shell out public funds to acquire land which already belongs to it – The fact that proceedings under the 1956 Act reached the stage of declaration cannot give the respondents a right to claim the fruits of the said proceedings, when the land already would stand vested under the 1894 Act and there cannot be vesting twice over – Thus, the judgment of the High Court set aside and the land stood vested to the Government – However, the respondents granted an opportunity to file an application u/s 18 of the 1894 Act seeking reference and claiming enhanced compensation – National Highways Act, 1956 – Subsequent events |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2022 INSC 472 |
Petitioner | Delhi Development Authority |
Respondent | Bhim Sain Goel And Ors. |
SCR | [2022] 2 S.C.R. 1164 |
Judgement Date | 2022-04-25 |
Case Number | 3151 |
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