Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 - ss. 4 and 6 - Land Acquisition proceedings by State Housing Board- Issuance of Notification and declaration Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894 - ss. 4 and 6 - Land Acquisition proceedings by State Housing Board- Issuance of Notification and declaration - Land falling under the saidSurvey owned by three persons-VP, AJ and ASN - Saidpersons had obtained approved layout plan from the DirectorTown Planning for the said Survey, few months beforeissuance of Notification -Award passed by the State - PV,son of VP received compensation and possession of the landtaken over by the State - However, after three years, PVsold one of its plot to the respondents - Meanwhile, ASNhad filed writ petitions along _with others and High Courtquashed the declaration issued u/s. 6 but left the Notification· issued uls. 4 intact - This Court held that the order of theHigh Court in absence of challenge by the State becamefinal and the acquisition itself is quashed - Second batch ofwrit petitions by PV on determination of compensation,dismissed by the High Court - No appeal thereagainst assuch acquisition proceedings qua the writ petitioners in thesaid batch attained finality- Thereafter, another batch of writpetitions by respondents, seeking protection of theirpossession and enjoyment over the suit land and directionto the Housing Board to issue them No Objection Certificateto ef!able them to put construction on the suit land - Case ofthe respondents that order passed in ASN case had the effectof quashing the acquisiffon proceedings in toto and that ASN was co-owner with PVofthe property in the said survey and was authorize by PV to initiate• all subsequent proceedings- Writ petitions allowed by the High Court- Said order upheldby the Division Bench - On appeal, held: Unless theDeclaration uls. 6 or the Notification uls. 4 is not explicitlyquashed in toto or in its wholeness by the Court, the benefitsof relief granted by the Court would be effective only qua theparties before it - Those who failed to challenge theacquisition proceedings, cannot, thereafter, follow those whochallenged the acquisition before the Court at the appropriatetime and thereafter obtained favourable orders -Respondents including their vendor, PV, cannot be permittedto take any advantage of the orders passed by this Court inASN's case - This Court in ASN case annulled theNotification issued u/s. 4 on the premises of limitation whichwould mean that the rest of the acquisition proceedings wasleft untouched by this Court in ASN - Further, respondentshad purchased the suit land after the Award had been passedand possession of the land had been taken by the State,they could not have acquired any rights against the State -PV did not bring down the acquisition proceedings qua hisland, but on the contrary, by accepting compensation, hadmanifested his acceptance of the Award- Thus, once theland stood vested in the State u/s. 16, PV and his vendees-respondents, could not have created and engineered rightsor interests in the property against the State, except the rightof seeking and receiving enhanced compensation -Furthermore, there is no evidence to support the claim thatASN as a co-owner or even otherwise, had challenged theacquisition proceedings qua the entire Survey on behalf ofhimself and PV also - Thus, the order passed by the HighCourts is set aside. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 396 |
Petitioner | The Chairman & Managing Director, Tnhb & Anr. |
Respondent | S. Saraswathy & Ors. |
SCR | [2015] 6 S.C.R. 331 |
Judgement Date | 2015-05-11 |
Case Number | 736-737 |
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