Supreme Court - Daily Orders
Delhi Development Authority vs Bal Kishan (D) Through Lrs. on 24 March, 2023
Bench: M.R. Shah, C.T. Ravikumar
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1965 OF 2023
(Arising out of SLP (C) No. 5903/2023)
(@ D. No. 34987/2022)
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
BAL KISHAN (D) THROUGH LRS. AND ORS. Respondent(s)
WITH
CIVIL APPEAL NO. 1966 OF 2023
(Arising out of SLP (C) No. 5904/2023)
(@ D. No. 33158/2022)
O R D E R
1. Delay condoned
2. Leave granted.
3. Feeling aggrieved and dissatisfied with the impugned judgment and order(s) dated 16.08.2017 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 1295 of 2017, by which the High Court has allowed the said Writ Petitions and has declared that the acquisition with respect to the land in question is deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the 2013 Act”), the Delhi Development Authority and Government of NCT Delhi have preferred the present appeals.
Signature Not Verified
4. Digitally signed by R Natarajan Date: 2023.03.27 We have heard learned counsel appearing on behalf of the 16:57:24 IST Reason:
appellants and learned counsel appearing for the original writ petitioners.2
5. It is the case on behalf of the appellants that, in the present case(s), as such, the possession of the disputed land in question was already taken over and handed over to the beneficiary Department i.e. DDA. It is submitted that however thereafter and despite the above, solely on the ground that the compensation was not deposited/paid, the High Court has passed the impugned judgment and order(s) and has declared the acquisition with respect to the land in question is deemed to have lapsed under Section 24(2) of the 2013 Act.
6. Learned counsel appearing on behalf of the original writ petitioners is not in a position to dispute that the possession of the disputed land in question was already taken over. Even in the impugned judgment and order(s), the High Court has also noted that the possession of the land in question was already taken over and handed over to the beneficiary Department – DDA.
7. In that view of the matter and applying the law laid down by the Constitution Bench of this Court in the case of Indore Development Authority vs. Manoharlal & Ors. Etc. reported in 2020 (8) SCC 129, there shall not be any deemed lapse of acquisition. In Paragraphs 365 and 366, this Court has observed and held as under:
“365. Resultantly, the decision rendered in Pune Municipal Corporation & Anr. is hereby overruled and all other decisions in which Pune Municipal Corporation has been followed, are also overruled. The decision in Shree Balaji Nagar Residential Association cannot be said to be laying down good law, is overruled and other decisions following the same are also overruled. In Indore Development Authority v. Shailendra, the aspect with respect to the proviso to Section 24(2) and whether ‘or’ has to be read as ‘nor’ or as ‘and’ was not placed for consideration. Therefore, that decision too cannot prevail, in the light of the discussion in the present judgment.3
366. In view of the aforesaid discussion, we answer the questions as under:
366.1. Under the provisions of Section 24(1)(a) in case the award is not made as on 1.1.2014 the date of commencement of the 2013 Act, there is no lapse of proceedings. Compensation has to be determined under the provisions of the 2013 Act.
366.2. In case the award has been passed within the window period of five years excluding the period covered by an interim order of the court, then proceedings shall continue as provided under Section 24(1)(b) of the 2013 Act under the 1894 Act as if it has not been repealed.
366.3. The word ‘or’ used in Section 24(2) between possession and compensation has to be read as ‘nor’ or as ‘and’. The deemed lapse of land acquisition proceedings under Section 24(2) of the 2013 Act takes place where due to inaction of authorities for five years or more prior to commencement of the said Act, the possession of land has not been taken nor compensation has been paid. In other words, in case possession has been taken, compensation has not been paid then there is no lapse. Similarly, if compensation has been paid, possession has not been taken then there is no lapse.
366.4. The expression 'paid' in the main part of Section 24(2) of the 2013 Act does not include a deposit of compensation in court. The consequence of non-deposit is provided in the proviso to Section 24(2) in case it has not been deposited with respect to majority of land holdings then all beneficiaries (landowners) as on the date of notification for land acquisition under Section 4 of the 1894 Act shall be entitled to compensation in accordance with the provisions of the 2013 Act. In case the obligation under Section 31 of the Land Acquisition Act, 1894 has not been fulfilled, interest under Section 34 of the said Act can be granted. Non-deposit of compensation (in court) does not result in the lapse of land acquisition proceedings. In case of non-deposit with respect to the majority of holdings for five years or more, compensation under the 2013 Act has to be paid to the "landowners" as on the date of notification for land acquisition under Section 4 of the 1894 Act.
366.5. In case a person has been tendered the compensation as provided under Section 31(1) of the 1894 Act, it is not open to him to claim that 4 acquisition has lapsed under Section 24(2) due to non-
payment or non-deposit of compensation in court. The obligation to pay is complete by tendering the amount under Section 31(1). The landowners who had refused to accept compensation or who sought reference for higher compensation, cannot claim that the acquisition proceedings had lapsed under Section 24(2) of the 2013 Act.
366.6. The proviso to Section 24(2) of the 2013 Act is to be treated as part of Section 24(2), not part of Section 24(1)(b).
366.7. The mode of taking possession under the 1894 Act and as contemplated under Section 24(2) is by drawing of inquest report/ memorandum. Once award has been passed on taking possession under Section 16 of the 1894 Act, the land vests in State there is no divesting provided under Section 24(2) of the 2013 Act, as once possession has been taken there is no lapse under Section 24(2).
366.8. The provisions of Section 24(2) providing for a deemed lapse of proceedings are applicable in case authorities have failed due to their inaction to take possession and pay compensation for five years or more before the 2013 Act came into force, in a proceeding for land acquisition pending with the authority concerned as on 1.1.2014. The period of subsistence of interim orders passed by court has to be excluded in the computation of five years.
366.9. Section 24(2) of the 2013 Act does not give rise to new cause of action to question the legality of concluded proceedings of land acquisition. Section 24 applies to a proceeding pending on the date of enforcement of the 2013 Act, i.e., 1.1.2014. It does not revive stale and time-barred claims and does not reopen concluded proceedings nor allow landowners to question the legality of mode of taking possession to reopen proceedings or mode of deposit of compensation in the treasury instead of court to invalidate acquisition.”
8. In view of the above and for the reasons stated above, the present appeals succeed. The impugned judgment and order(s) passed by the High Court are hereby quashed and set aside. There shall not be any deemed lapse of acquisition with respect to the land in question as held by the High Court.
5The present appeals are, accordingly, allowed. No costs.
...........................J (M.R. SHAH) ...........................J (C.T. RAVIKUMAR) New Delhi;
March 24, 2023 6 ITEM NO.44 COURT NO.4 SECTION XIV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SLP (C) D. No(s). 34987/2022 DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS BAL KISHAN (D) THROUGH LRS. & ORS. Respondent(s)
IA No. 178126/2022 - CONDONATION OF DELAY IN FILING IA No. 178127/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT WITH SLP (C) D. No. 33158/2022 (XIV-A) IA No. 183044/2022 - CONDONATION OF DELAY IN FILING Date : 24-03-2023 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Parties: Mr. Nitin Mishra, AOR Mr. Ishaan Sharma, Adv.
Ms. Astha Tyagi, AOR Mr. Abhishekaran Roy, Adv.
Mr. Saiful Islam, Adv.
Mr. Mansoor Ali, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The present appeals are allowed in terms of the signed order. Pending applications, if any, stand disposed of.
(R. NATARAJAN) (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)