Delhi Development Authority vs Raj Singh

CIVIL APPEAL NO. 8993 OF 2022 (@ SLP (C) No. 22129 OF 2022) (@ DIARY NO.22284 OF 2022)

Delhi Development Authority ..Appellant

Versus

Raj Singh & Anr. ..Respondents

JUDGMENT

M. R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned

judgment and order dated 27.11.2018 passed by the High

Court of Delhi at New Delhi in Writ Petition (Civil) No.10800

Signature Not Verifiedof 2016 by which the High Court has allowed the said Writ Digitally signed by Sanjay Kumar Date: 2022.12.09 15:43:23 IST Reason: Petition and has declared that the land acquisition

1 proceedings with respect to the land in question under Land

Acquisition Act, 1894 is deemed to have lapsed under Sub­

section (2) of Section 24 of the Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 (hereinafter referred to as ‘the Act

2013’), the Delhi Development Authority has preferred the

present appeal.

2. From the impugned judgment and order passed by the

High Court it appears that though in the counter affidavit filed

before the High Court filed by the Land Acquisition Collector it

was stated that the possession was taken on 19.01.2006.

However, the details of the payment of compensation are not

available with the LAC Branch and therefore it is not possible

to state anything about payment of compensation, the High

Court has allowed the Writ Petition and has declared that the

land acquisition with respect to the land in question is

deemed to have lapsed under Sub­section (2) of Section 24 of

the Act, 2013 solely on the ground that the amount of

compensation was not paid to the land owners.

2 2.1 Now it is required to be noted that before the High Court

it was stated on behalf of the DDA that it released a sum of

Rs.10 crores to the Land and Building Department way back

on 28.08.1990 in respect of the land acquired. Therefore, the

High Court has allowed the writ petition and has declared that

the acquisition proceedings with respect to the land in

question is deemed to have lapsed under sub­section (2) of

Section 24 of the Act, 2013 solely on the ground that the

compensation was not actually paid to the land owners.

3. The view taken by the High Court is unsustainable in

view of the Constitution Bench decision of this Court in the

case of Indore Development Authority Vs. Manoharlal and

Ors., (2020) 8 SCC 129. In paragraphs 365 and 366, the

Constitution Bench of this Court has observed and held as

under:­

“365. Resultantly, the decision rendered in Pune Municipal Corpn. [Pune Municipal Corpn. v. Harakchand Misirimal Solanki, (2014) 3 SCC 183] is hereby overruled and all other decisions in which Pune Municipal Corpn. [Pune Municipal Corpn. v. Harakchand Misirimal Solanki, (2014) 3

3 SCC 183] has been followed, are also overruled. The decision in Sree Balaji Nagar Residential Assn. [Sree Balaji Nagar Residential Assn. v. State of T.N., (2015) 3 SCC 353] 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 [(2018) 3 SCC 412], 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.

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 1­1­2014, 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

4 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 non­deposit is provided in the proviso to Section 24(2) in case it has not been deposited with respect to majority of landholdings 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. Non­deposit of compensation (in court) does not result in the lapse of land acquisition proceedings. In case of non­deposit 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 acquisition has lapsed under Section 24(2) due to non­payment or non­deposit of compensation in

5 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 1­1­2014. 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. 1­1­2014. It does not revive stale and time­barred claims and does not

6 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.”

4. In view of the above, the impugned judgment and order

passed by the High Court is unsustainable and deserves to be

quashed and set aside and is accordingly quashed and set

aside.

Present appeal is accordingly allowed.

The original writ petition filed by respondent no.1 herein

filed before the High Court being W.P.(C) No.10800 of 2016

stands dismissed.

No costs.

………………………………….J. [M.R. SHAH]

………………………………….J. [C.T. RAVIKUMAR]

NEW DELHI;

DECEMBER 9, 2022.

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