Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act compensation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
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 Disposed Off |
Headnote | Land Acquisition Act, 1894 – ss. 11A, 17(3A) – Is the requirement to tender payment of 80% of the estimated compensation as contemplated under sub-section (3A) to s.17 of, 1894 Act, mandatory to ensure absolute vesting of the notified land; Whether the requirement to pass the award within the time frame contemplated u/s. 11A applicable to the acquisition notified u/s. 17 of 1894 Act – Held: Provision contained in s. 11 of 1894 Act, shall be applicable to cases in which the acquiring authority has not complied with the requirement of sub-section (3A) to s. 17 of 1894 Act by tendering and paying eighty per centum of the estimated compensation before taking possession since possession in such cases cannot be considered to be taken in accordance with law and the vesting is not absolute – If the requirement is complied and possession is taken after tendering and paying eighty per centum, though there is need to pass an award and pay the balance compensation within a reasonable time, the rigour of s. 11A of 1894 Act will not apply so as to render the entire proceedings for acquisition to lapse in the context of absolute vesting – The right of land loser in such case is to enforce passing of the award and recover the compensation. Land Acquisition Act, 1894 – s. 17(1), (3A) – “shall”, “before taking possession”, “thereupon” – Purport of – Held: The word employed in sub-section (3A) of s. 17 of 1894 Act is “shall” and it is to be tendered and paid “before taking possession” – Hence it cannot be understood as providing any discretion to the acquiring authority – In fact, the last sentence of sub-section (1) of s. 17 uses the word “thereupon” with respect to vesting – This word “thereupon” is correlated to taking possession and payment in terms of subsection (3A) is a sine qua non for taking possession – Therefore, (1) payment of 80% (2) taking over possession thereafter and (3) vesting of land in the government take place in a sequence.Interpretation of Statutes – Held: If the plain meaning of the provision does not admit of any ambiguity no other external aid will be necessary to interpret the provision except to give it the plain meaning.Constitution of India – Articles 300A, 31A – Held: In view of Articles 300A and 31A of the Constitution, the owner of land can be divested only in accordance with law after appropriately compensating if such land is required by the State for public purpose. |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2022 INSC 1086 |
Petitioner | M/s Delhi Airtech Services Pvt. Ltd & Anr. |
Respondent | State Of U.p. & Anr |
SCR | [2022] 19 S.C.R. 757 |
Judgement Date | 2022-10-14 |
Case Number | 24 |
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