Content Provider | Supreme Court of India |
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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 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894 – s. 6, s.4, 5 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s. 24(2) – Original land owners entered into agreement to sell with the Respondent No. 1 on 25.9.1990 for the land measuring 28 Bigha 08 Biswa – The said land was in the process of acquisition which was started in 1980 vide notification u/s. 6 and s. 4 of the 1894 Act – The agreement to sell recited that; ‘acquisition process was challenged before the High Court, wherein the entire land was released from the acquisition and the Delhi Administration has not filed appeal and at present the above lands are free from acquisition’ – Land Acquisition Collector had taken possession and paid compensation to the owners, then the compensation has been paid back – The respondent No.1 purchased the land vide sale deed dated 30.8.1991 and 27.2.1991 – Respondent No. 1 filed Writ Petition for a declaration that the lands purchased by them are free from and outside the scope of acquisition proceedings, which was dismissed – Special Leave Petition was filed against the order, which was also dismissed – Respondent no.1 filed another Writ Petition after the commencement of the 2013 Act for quashing of the notification u/s 4 and 6 of the 1894 Act, and claimed the Mandamus to handover the peaceful possession of land – In absence of any proof of encashment of cheque (the paid back amount of compensation), the High Court directed the purchaser to pay the amount of Rs. 16,61,774/- and such amount stands paid and held that proceedings stand lapsed in terms of Section 24(2) of 2013 Act – The Appellant challenged the said order before Supreme Court – Held: The purchaser has no right to claim lapsing of acquisition proceedings – Original land owner filed Writ Petition challenging the notification u/s. 6 of 1894 Act, which was dismissed – Special Leave Petition was filed challenging the order, which was withdrawn – It was the conscious decision of land owner not to continue with SLP – All the objections which were available to the original land owner including the purchaser up to that stage cannot be permitted to be raised again – No right confer on the other land owners who have not disputed the acquisition proceedings on the ground of lack of effective hearing of objections under Section 5-A of the Act – Original land owner never filed any objections under Section 5-A of the Act, the purchaser cannot seek the relief which was not available even to the original land owner – The purchaser had in fact filed a Writ of Mandamus for delivering the possession of the entire acquired land – Such claim of Mandamus shows that the purchaser is out of possession – Therefore, the condition in Indore Development Authority for lapsing of the acquisition is not satisfied – Appellant directed to refund the amount of Rs. 16,61,774/- to the purchaser, without any interest as such deposit was a voluntary offer to deposit. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2022 INSC 527 |
Petitioner | Delhi Development Authority |
Respondent | Godfrey Phillips (i) Ltd And Ors. |
SCR | [2022] 19 S.C.R. 1193 |
Judgement Date | 2022-05-06 |
Case Number | 3073 |
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