NDLI: Pimpri Chinchwad New Township Development Authority Vs. Vishnudev Cooperative Housing Society and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Land Acquisition Act 1894 – s.48
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Land Acquisition Act, 1894 – s.48 – Release of acquiredland – Land acquired by the State Government for public purpose– Special Land Acquisition Officer (SLAO) initiated proceedingu/s.11 and passed an award – Writ petition and SLP filed by theoriginal landowners against the award were dismissed – Originallandowners filed application u/s.48(1) of the Act to RevenueMinister of the State to release the land from acquisition –Application was allowed and land was partly released fromacquisition – Thereafter, original landowners transferred the landto respondent no.1 – Writ petition filed by the respondent no.1challenging the order of the Revenue Minister to the extent itdeclined to release the remaining land – Writ petition and SLP filedby respondent no.1 were again dismissed – SLAO took possessionof the land – Thereafter, respondent no.1 again filed applicationu/s.48(1) of the Act to Revenue Minister of the State to release theremaining portion of land from acquisition – Revenue Ministerallowed the application, deleting land in question from acquisitionproceedings – Propriety of – Held: Not proper – Once thepossession of the acquired land is taken, the State has no power towithdraw from the acquisition because as a result of taking over ofthe possession, the acquired land vests with the State absolutelyfree from all encumbrances – In instant case, the possession of theremaining acquired land was taken by the SLAO – When thepossession of the land in question was taken over by the State, theprovisions of s.48 of the Act were not applicable – A fortiori, thethen Revenue Minister had no power to deal with the land inquestion in any manner whatsoever and nor had any power to invoke the provisions of s.48 of the Act for release of the land fromthe clutches of the acquisition proceedings.Land Acquisition Act, 1894 – s.48 – Land acquired by theState Government for public purpose – After many rounds oflitigations, the State partly released the land from acquisition –Original landowners transferred the land to respondent no.1 –Respondent no.1 filed application u/s.48(1) of the Act to RevenueMinister of the State to release remaining portion of land fromacquisition – Revenue Minister allowed the application, deletingland in question from acquisition proceedings – Whether the orderpassed by the Revenue Minister created any right in favour of thelandowners so as to enable them to claim mandamus forenforcement of such order against the State – Held: No – A merenoting in the official files of the Government while dealing with anymatter pertaining to any person is essentially an internal matter ofthe Government and carries with it no legal sanctity – So long asthe decision based on such internal deliberation is not proved andcommunicated by the competent authority as per the procedureprescribed in that behalf to the person concerned, such noting doesnot create any right in favour of the person concerned nor itpartake the nature of any legal order so as to enable the personconcerned to claim any benefit of any such internal deliberation –Such noting(s) or/and deliberations(s) are always capable of beingchanged or/and amended or/and withdrawn by the competentauthority.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2018 INSC 675
Petitioner	Pimpri Chinchwad New Township Development Authority
Respondent	Vishnudev Cooperative Housing Society And Ors.
SCR	[2018] 11 S.C.R. 310
Judgement Date	2018-08-03
Case Number	7649

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