1. Land acquisition proceedings initiated under Section 4(1) of the Land Acquisition Act, 1894 — Challenge to the validity of the acquisition notification. (Para 2 )
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1997 Supreme(SC) 438
1997(3) Supreme 337
SUPREME COURT OF INDIA
K. Ramaswamy and G.T. Nanavati, JJ.
Kandenkutty & Ors. -Petitioners
versus
State of Kerala & Ors. -Respondents
Special Leave Petition (C) No. 6173 of 1997
(CC-1508/97)
Decided on 10-3-1997
Counsel for the Parties :
For the Petitioners : K. Sukumaran, Sr. Adv., Mrs. Baby Krishnan and Ramesh Babu M.R., Advocates.
Important Points
IMPORTANT POINT
Merely because some of the lands which formed part of same notification were denotified, the integrality of the notification for acquisition had not become bad in law.
Merely because some of the lands which formed part of same notification were denotified, the integrality of the notification for acquisition had not become bad in law.
Subject
Land Acquisition - Notification and Acquisition
Act Referred
Headnote
(i) Land Acquisition Act, 1894-Section 4(1)-Some of the lands which formed part of same notification were denotified-Integrality of the notification for acquisition did not become bad in law. (Para 3)
(ii) Land Acquisition Act, 1894-Section 6-Acquisition challenged on ground that due to delay in disposal of matter prices of land had escalated and acquisition was bad in law-Petitioner himself was responsible for delay-Pendency of judicial proceedings could not be made a ground to say that due to escalation in prices, notification had become bad in law. (Para 4)
Legal Category Hierarchy
Table of Contents
2. Whether partial denotification under Section 48 invalidates the notification and whether price escalation due to litigation-induced delay renders the acquisition bad in law. (Para 3 , 4 )
3. Partial denotification does not disturb notification integrality; delay caused by the petitioner's own judicial proceedings does not invalidate the acquisition notification. (Para 3 , 4 )
4. Partial denotification under Section 48 does not invalidate the overall notification; petitioner-induced delay and subsequent price escalation do not render the notification bad in law. (Para 3 , 4 )
5. Special Leave Petition dismissed. (Para 5 )
6. Does the denotification of some lands under Section 48 of the Land Acquisition Act, 1894, invalidate the entire acquisition notification?
No, the denotification of some lands that formed part of the same notification in exercise of the power under Section 48 does not make the integrality of the notification for acquisition bad in law. (Para 3 )
7. Does price escalation resulting from delays in the finalization of land acquisition render the acquisition notification bad in law?
No, when the delay is caused by the petitioner agitating rights in judicial proceedings, the resulting price escalation cannot be a ground to invalidate the notification issued under Section 4(1) of the Act. (Para 4 )
ORDER
This special leave petition arises from the judgment of the Division Bench of the Kerala High Court, made on February 9, 1996, in O.P. No. 5382/83.
2. The admitted position is that Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the "Act"), which is pari materia with Section 3 of the Kerala Land Acquisition Act, was published on January 10, 1981. The petitioner had initially challenged the scheme in O.P. No. 2436/82 which was dismissed and was confirmed in Writ Appeal No. 223/82, dated April 23, 1982. The petitioner filed another writ petition in the year 1993 and got the further proceedings stayed. The same has been dismissed by the High Court by the impugned order. Thus this special leave.
3. It is contended for the petitioner that when a notification under Section 48 of the Act withdrawing the earlier notification in respect of some of the lands was issued, the integrality of the notification stood disturbed and, therefore, the acquisition has become bad in law. In support thereof, Shri Sukumaran, learned senior counsel, sought to place reliance on the judgments of Andhra Pradesh High Court and Kerala High Court which are inconsistent with each other. He states that as there is conflict of opinions the conflict needs to be resolved. We find no force in the contention since the controversy has already been set at naught by this Court in Chandra Bansi Singh v. State of Bihar1 and The Spl. Land Acquisition Officer, Bombay v. M/s. Godrej & Boyce2. Therefore, merely because some of the lands, which formed part of the same notification were denotified in exercise of the power under Section 48 of the Act, the integrality of the notification for acquisition has not become bad in law.
4. It is then contended that due to the delay in the disposal of the matters the prices of the land have escalated and as a consequence, the acquisition has become bad in law. We find no force in the contention. In support of this contention, learned counsel relied upon those judgments of this Court where equities have been worked out in directing payment of higher compensation from the date of the publication of the declaration under Section 6. In those cases the State was responsible for the delay. In this case it is not responsible for the delay in finalisation of the acquisition. On the other hand, the petitioner has himself put the spokes at every stage and have the matter delayed by agitating his right in judicial proceedings. The pendency of the judicial proceedings cannot be made a ground to say that in the process, due to escalation in the prices, the notification issued under Section 4(1) of the Act has become bad in law. Under these circumstances, we do not find any illegality in the judgment of the High Court warranting interference.
5. The Special Leave Petition is dismissed accordingly.
Appeal dismissed.
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Parallel Citations of other Journals :
Kandenkutty & Ors. v. State of Kerala & Ors., 1997(3) Supreme 337 : JT 1997(4) SC 80
