Raj Kumar And Ors. vs State Of Punjab And Ors.

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4764 OF 2018 (Arising out of SLP (C) No.1948 of 2017)

RAJ KUMAR AND ORS. APPELLANTS(S) VERSUS

STATE OF PUNJAB AND ORS. RESPONDENT(S)

J U D G M E N T

Kurian, J.

1. Leave granted.

2. The appellants are essentially aggrieved by the

acquisition of their land by the respondent. It is seen

that they had several rounds of unsuccessful litigation on

one ground or other; last of which has led to the impugned

judgment. The High Court held that the Section 6

declaration pertaining to the disputed acquisition was

within the time contemplated by Section 6(1) of the Land

Acquisition Act, 1894 (hereinafter referred to as “the

Act”).

3. We find that this is a case where the respondents

initiated land acquisition proceedings for the purpose of Signature Not Verified setting up a grain market. The Section 4(1) notification Digitally signed by SWETA DHYANI Date: 2018.05.08

was issued more than a decade back.

17:28:55 IST Reason:

4. We are informed that awards have been passed on 2

15.07.2013 and some of the claimants are already before the

Reference Court. We are also informed that compensation has

neither been paid nor offered to some of the claimants.

Having regard to the purpose for which the acquisition was

sought to be made and having regard to several rounds of

litigation, we are of the view that it is only in larger

public interest and also for doing complete justice between

parties that the litigations are given a quietus. It is in

the interest of claimants also that they should get a just,

fair and proper value for their lands at the earliest.

Accordingly, we direct the Reference Court to dispose of

the cases pending for enhancement in respect of the

acquisition under challenge within a period of three months

from today.

5. We make it clear that the Reference Court shall not

make any reference to any of the affidavits filed before

this Court or any orders passed by this Court in these

proceedings. As far as those claimants who have not gone to

the Reference Court, they shall be entitled to file

application under Section 28A of the Act within a period of

three months after the award of the Reference Court for

redetermination of the compensation. The Collector shall

take action on the applications for redetermination within

three months thereafter. While passing final orders on the

application for redetermination, the Collector shall verify

whether any appeals have been filed against the awards

passed by the Reference Court under Section 54 of the Act 3

and in case any appeals are pending, he shall await the

outcome of the appeals before passing final orders on the

application under Section 28A of the Act.

6. Needless also to say that the redetermination shall be

in terms of the award as modified under Section 54 of the

Act.

7. In order to avoid any difficulty in the case of those

claimants who have not yet been paid the award amount, we

direct the Collector to disburse the amount as fixed by

Land Acquisition Collector with interest and other benefits

as on today to the claimants, within a period of two months

from today, without prejudice to rights of the claimants

under Section 18 or 28A of the Act.

8. We make it clear that there shall be no further

adjudication as to the validity of acquisition on the

ground whether Section 6 has been published within time or

not.

9. The appeal is disposed of accordingly. The Registry

shall communicate a copy of this order to the Reference

Court immediately.

Pending applications, if any, are also stand

disposed of.

..........................J. [KURIAN JOSEPH]

..........................J. [MOHAN M. SHANTANAGOUDAR]

NEW DELHI;

3RD MAY, 2018.