NDLI: Rameshwar & Others Vs. State of Haryana & Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1894 Land Acquisition: Notification u/s. 4 of Land Acquisition Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	National Capital Region Planning Board Act, 1985 (2 of 1985) Land Acquisition Act, 1894 (1 of 1894) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975)
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 Referred Case 10
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Land Acquisition: Notification u/s. 4 of Land Acquisition Act, 1894 – For setting up of Industrial Township – Objections u/s. 5A filed – Soon after initiation of acquisition proceedings various sale deed executed by land-holders in favour of certain builders/private entities – After Notification u/s. 6 also builders/private entities continued approaching the land-holders showing other awards passed in respect of adjoining land for the same purpose wherein compensation was granted @ 12.5 lakhs and offered higher purchase prizes – After notices u/s. 9 for pronouncement of awards, the builders/private entities started enhancing the price and bought the land from the land-holders at a price around Rs.80 lakhs per acre – Thereafter the State by order dated 24.8.2007 dropped the acquisition proceedings stating that fresh Notification would be issued – Pending writ petitions by land-holders challenging the acquisition proceedings were disposed of as infructuous – Building Plans of Group Housing Societies and schemes of the builders/ private entities (purchasers) were approved by the State – By order dated 29.1.2001 decision was taken by the State Government in view of the recommendation of Inter Departmental Committee – Farmers, having come to know that the lands under acquisition were utilized by the builders/colonizers, started agitation – Request was also made for registration of FIR in respect of fraud played by the officials in connivance with the builders – Writ petition by landholders taking the plea that initiation of acquisition proceedings and thereafter dropping of acquisition proceeding was deliberate and fraught with malice – High Court dismissed the writ petition holding that challenge to the dropping of proceeding since initiated 4½ years later, hence was belated – On appeal, Supreme Court directed CBI (to whom investigation in the matter had been entrusted by the State) to place its report before Supreme Court – Held: Decisions dated 24.8.2007 and 29.1.2010 were inconsistent with the relevant policy of the State – They were also not consistent with Regional Plan under NCR Act and the Final Development Plan for Gurgaon-Manesar – Public interest was not the underlying objective behind the decisions – The decisions were taken to confer advantages to builders/private entities – There was unholy nexus between Government machinery and the builders/private entities in devising a modality to deprive the gullible land-holders of their holdings – Thus, the decisions were result of a fraud on power and were not bona fide exercise of power – The facts of the case show that there was nothing wrong with the initiation of acquisition proceedings, but during the process it was hijacked by vested interests – Therefore, mere invalidation of the transaction would not be appropriate relief – Real and substantial relief would be in restoring the situation where process of acquisition is made free from such supervening vested interest and is enabled to achieve the objective that the acquisition was intended to sub-serve – When there is fraud on power, duty of the Court is not only to set aside such exercise of power, but to see that there is no unjust enrichment and there is full and substantial restoration – Unjust retention of benefit would be against the fundamental principles of justice, equity and good conscience – In the present case, as there was a completed acquisition, the award is deemed to have been passed on the date when it was supposed to be pronounced – The greater victim in the present case was public interest – The land-holders who had sold their lands to the builders/private entities had received considerations greater than the amount awarded in other cases, hence they cannot be given benefit of annulment of transactions and restorations of their holdings – The land-holders who had not transferred their holdings and the purchasers of individual apartments from builder, cannot be subjected to any prejudice – Appropriate directions issued – Land Acquisition Act, 1894 – ss. 4,6, 9 and 11 – The Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(1(b) – Haryana Development and Regulation of Urban Areas Act, 1975 – National Capital Regional Planning Board Act, 1985. Relief: Grant of relief – Held: Grant of relief must depend upon who the real victim is and to what extent solace can be granted to such real victim.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2018 INSC 227
Petitioner	Rameshwar & Others
Respondent	State Of Haryana & Others
SCR	[2018] 5 S.C.R. 205
Judgement Date	2018-03-12
Case Number	8788

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