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 Referred Case 2 |
Case Type | Miscellaneous Application |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Land Acquisition Act, 1894: ss. 4, 6 and 23 – Term ‘transfer’ in context of *Rameshwar & Ors vs State of Haryana’s case – Meaning and nature of – Exclusion of the land from the deemed award or forms part of the deemed award – On facts, issuance of Notification u/s. 4 on 27.08.2004, followed by the declaration u/s.6 and the receipt of objections from the landowners as also the matter posted for publication of the award on 26.08.2007 – However, on 29.01.2010 the State decided to withdraw from the acquisition – In the interim period, land owners induced to sell or transfer their land to colonizers/developers at significantly lower rates of compensation – Most of the colonizers/developers entered into collaboration agreements after the notification u/s. 4 – They sought and were granted licenses by the Department of Town and Country Planning – Challenged to, in the *Rameshwar’s case - This Court held that decision to withdraw from the acquisition was a fraud on the power under the Land Acquisition Act and invalidated all transfers effected from the date of publication to the date of publication of State’s decision to revoke the acquisition – Applications by the Haryana State Industrial and Infrastructure Development Corporation-HSIIDC and several others seeking clarification of *Rameshwar’s case – Held: Term ‘transfer’ used in *Rameshwar’s case is not confined to sale, lease or other encumbrance – It includes development and/or collaboration agreements, as well as licenses issued during the suspect period, whether or not in favour of the developer – Lands covered by licenses issued to Paradise (ultimately transferred to Green Heights); Karma (for which collaboration was entered into with Unitech); Ram Pyari, Balbir Singh, Earl and Frontier (ultimately used by Godrej); Express Greens (DLF); Kalinga and Innovative amount to transfer – With respect to Green Heights, a sum of Rs. 5 crores per acre is payable by Green Heights to HSIIDC – With respect to Godrej, a sum of 5 crores per acre is payable by Godrej to HSIIDC – Upon full compliance thereof, the lands covered by Green Heights and Godrej’s projects would be excluded from the deemed award – With respect to Karma, the 25.95 acres of land forms part of the deemed award – Lands belonging to R.P. Estates and Subros, excluded from the deemed award – With respect to Kalinga, the HSIIDC to complete verification of all the relevant documents – With respect to ABW, the HSIIDC to refund the amounts payable to the allottees of the entire project – With respect to Legend Heights, HSIIDC to hand over commercial units to allottees who were either granted occupation, and /or in whose favour conveyance was executed – Issuance of direction to the State to ensure that all references pertaining to the acquisition are answered as expeditiously as possible. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2022 INSC 738 |
Petitioner | Rameshwar And Ors |
Respondent | State Of Haryana & Ors. |
SCR | [2022] 13 S.C.R. 711 |
Judgement Date | 2022-07-21 |
Case Number | 50 |
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