Supreme Court - Daily Orders
Gian Kaur And Ors. vs State Of Punjab And Ors. on 17 May, 2018
Bench: S.A. Bobde, L. Nageswara Rao
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5643 OF 2018
[ARISING OUT OF SLP(C) NO.24298 OF 2016]
GIAN KAUR & ORS. ...APPELLANT(S)
VERSUS
STATE OF PUNJAB & ORS. ....RESPONDENT(S)
O R D E R
Leave granted.
The only question before us is whether the
compensation in respect of the land held by Jagtar Singh (since deceased), predecessor-in-interest of the appellants, was received by him and therefore, whether the acquisition of his land has lapsed for non-payment of compensation.
By the impugned order, the High Court held that neither late Jagtar Singh nor his legal representatives came to the office of Collector to collect the compensation in pursuance of notice under Section 12 of the Land Acquisition Act, 1894 (for short, the 'Act') dated 14.11.2002, 1.7.2004 and 7.9.2006.
Apart from the above, we find that the observation that notice was issued may not be sufficient unless it is Signature Not Verified shown that the notices were received. We find that the Digitally signed by SANJAY KUMAR Date: 2018.05.21 13:12:25 IST Reason: High Court has found that compensation was offered only because notices were issued. This is not in accordance 2 with law laid down by this Court in Vijay Latka & Anr. vs. State of Haryana & Ors. - (2016) 12 SCC 487, wherein this Court observed as under :
“5. The contention of the learned counsel appearing for the respondents is that whoever approached the Haryana Urban Development Authority or the competent authority has been paid compensation and since the appellants failed to approach the quarters concerned for the compensation, they cannot be granted any relief. We find this contention difficult to appreciate. When land is compulsorily acquired, it is for the requisitioning authority to make the payment and does not require the landowner to come and receive the payment.” In this view of the matter, we find that the appellants are entitled to succeed and the acquisition of their land must be taken as lapsed.
We order accordingly.
With the aforesaid direction, the appeal stands disposed of.
....................J [S. A. BOBDE] ....................J [L. NAGESWARA RAO] NEW DELHI;
MAY 17, 2018.
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ITEM NO.3 COURT NO.7 SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).24298/2016
(Arising out of impugned final judgment and order dated 04-05-2016 in CWP No.3244/2015 passed by the High Court Of Punjab & Haryana At Chandigarh) GIAN KAUR & ORS. Petitioner(s) VERSUS STATE OF PUNJAB & ORS. Respondent(s) (With appln.(s) for exemption from filing certified copy of the impugned order) Date : 17-05-2018 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Mr. R.K. Kapoor, Adv.
Ms. Rekha Giri, Adv.
For Mr. Anis Ahmed Khan, AOR For Respondent(s) Ms. Ranjeeta Rohatgi, Adv.
For Mr. Kuldip Singh, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal stands disposed of in terms of the signed order.
Pending interlocutory applications, if any, stand disposed of.
(SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) ASST.REGISTRAR (Signed Order is placed on the file)