Back
2008(5) Supreme 371
Supreme Court of india
Altamas Kabir and Dr. Mukundakam Sharma, JJ.
Meera Sahni — Appellant
versus
Lt. Governor of Delhi & Ors. — Respondents
Civil Appeal Nos. 3413-3414 of 2001
WITH
Civil Appeal No. 6493 of 2002, Civil Appeal No. 6494 of 2002, Civil Appeal No. 6496 of 2002
Decided on : 15-07-2008
(1996)3 SCC 124; (1996)7 SCC 426; (1996)10 SCC 721; (1996)11 SCC 698 – Relied upon.
(b)Delhi Lands (Restrictions and Transfer) Act, 1972 – Sections 2(b), 5, 6 and 8 – The competent authority as envisaged under Section 2(b) of the aforesaid Act is the Additional District Magistrate (Revenue), Delhi Administration and he is the only authorized competent person to exercise the powers vested under sections 5, 6 and 8-No other authority or anyone else, subordinate to him was ever authorized to exercise the aforesaid power. (Para 17)
(c)Delhi Lands (Restrictions and Transfer) Act, 1972 – Sections 5, 6 and 8 – The purported permision/NOC having not been granted by the Additional District Magistrate, was not a valid and legal permission. (Para 18)
(d)Delhi Lands (Restrictions and Transfer) Act, 1972 – Section 5 – No application as envisaged u/s 5(1) filed, nor any enquiry as provided u/s 5(2) made – Well settled that an action to be taken in a particular manner as provided by a statue, must be taken, done or performed in the manner prescribed and in no other manner – The transfers made in favour of the appellants by execution of the sale deed, therefor are illegal and without jurisdiction. (Paras 20 and 22)
(1999)3 SCC 422 – Relied upon.
Facts of the case :
1.On 24.10.1961, a Notification was issued under Section 4 of the Land Acquisition Act under the orders of the Lieutenant Governor of Delhi intending acquisition of land for the public purpose, namely for the planned development of Delhi. Under the aforesaid Notification the land allegedly belonging to the predecessors in-interest of the present appellants which constitute the subject matter of the present appeals was also sought to be acquired.
2.Declaration under Section 6 of the Land Acquisition Act through a Notification dated 4.1.1969 was also issued stating that the said land is required for the public purpose, namely, for the planned development of Delhi.
3.In the year 1980, two of the appellants viz. Mrs. Meera Sahni and Mrs. Padma Mahant purchased the said acquired land from one Shri Chand which was transferred through Mr. Nand Kishore, power of attorney holder.
4.Subsequently, on 26.4.1983 Notification under section 9 of the Land Acquisition Act was issued.
5.The legality of the aforesaid Notifications and declarations, issued under Sections 4 and 6 of the Land Acquisition Act and subsequent Notification under Section 9, were challenged by various land holders.
6. Smt. Meera Sahni filed a Civil Writ Petition No.1003 of 1983, Smt. Padma Mahant filed Civil Writ Petition No.1002 of 1983 and whereas Writ Petition was filed by Shri Khyali Ram, the predecessor in-interest of other three appellants, namely, (1) Sapphire Sales (P) Ltd. (2) Zircon Trading (P) Ltd. and (3) Eternal Agencies Pvt. Ltd.
7.These writ petitions were finally heard along with few other letters patent appeals, and all the writ petitions and the letters patent appeals were dismissed.
8.The acquisition proceedings were finally upheld by Supreme Court.
9.Thereafter the Land Acquisition Officer in terms of the Supreme Court order made the award.
10.Mrs. Meera Sahni and Padma Mahant filed Review Petition before the High Court and thereafter filed second substantive Writ Petition on the ground that the lands in dispute were purchased only after obtaining due permission under Section 5 of the Delhi Lands Act and that the sale deeds were executed in their favour were duly registered with the sub registrar with the endorsement that No Objection Certificate has been obtained.
11.All these petitions were dismissed by the High Court.
Findings of the Court :
The sale deeds were not valid and legal.
Result : Appeals dismissed.
Judgment
Dr. Mukundakam Sharma, J. —
1.Leave granted in Special Leave Petition Nos.11233-11234 of 2001.
2.All these appeals involving identical issues were heard together and are being disposed of by this common Judgment and Order.
3.The prime issue that falls for our consideration in these appeals is whether in view of the provisions of Delhi Lands (Restrictions and Transfer) Act, 1972 (for short “Delhi Lands Act”), read with the provisions of the Land Acquisition Act, 1894 (for short “Land Acquisition Act”) transfer of land made by the original owner by registering a sale deed on the basis of which mutation was also granted would and could be accepted as legal and valid transfer despite the fact that such land was acquired by the State Government under the provisions of the Land Acquisition Act for the public purpose.
4.Learned counsel appearing for the parties advanced elaborate and in-depth arguments on the aforesaid issue. But before we deal with and discuss the same, it would be necessary for us to mention a few facts leading to filing of the present appeals.
5.On 24.10.1961, a Notification was issued under Section 4 of the Land Acquisition Act under the Orders of the Lieutenant Governor of Delhi intending acquisition of land for the public purpose, namely for the planned development of Delhi. Under the aforesaid Notification the land allegedly belonging to the predecessors in-interest of the present appellants which constitute the subject matter of the present appeals was also sought to be acquired. Declaration under Section 6 of the Land Acquisition Act through a Notification dated 4.1.1969 was also issued stating that the said land is required for the public purpose, namely, for the planned development of Delhi. In the year 1980, two of the appellants viz. Mrs. Meera Sahni and Mrs. Padma Mahant purchased the said acquired land from one Shri Chand which was transferred through Mr. Nand Kishore, power of attorney holder. Subsequently, on 26.4.1983 Notification under section 9 of the Land Acquisition Act was issued. It is pertinent to mention here that no Notification under Section 48 of the Land Acquisition Act, which empowers the government to withdraw from acquisition of any land on which possession has not been taken, was issued in respect of land in question.
6.The legality of the aforesaid Notifications and declarations, which were issued under Sections 4 and 6 of the Land Acquisition Act and subsequent Notification under Section 9, were challenged by various land holders whose lands were proposed to be acquired by the aforesaid notifications. The appellants/predecessor in-interest of the appellants also filed similar writ petitions in the High Court of Delhi challenging the legality and validity of the notification and declaration under which their land was proposed to be acquired. Smt. Meera Sahni filed a Civil Writ Petition No.1003 of 1983, Smt. Padma Mahant filed Civil Writ Petition No.1002 of 1983 and whereas Writ Petition No.1086 of 1983 was filed by Shri Khyali Ram, the predecessor in-interest of other three appellants, namely, (1) Sapphire Sales (P) Ltd. (2) Zircon Trading (P) Ltd. and (3) Eternal Agencies Pvt. Ltd. The said writ petitions were finally heard along with few other letters patent appeals, and all the writ petitions and the letters patent appeals were dismissed. The said decision was rendered By the Delhi High Court on 01.12.1995 under the title Roshanara Begum v. Union of India reported in 61 (1996) DLT 206. Being aggrieved by the said Judgment and Order the writ petitioners preferred appeals in this Court. Some of the cases which were pending in the High Court and pertained to the identical issue were also transferred to this Court. A number of contentions were raised before this Court challenging the legality of the Orders passed by the High Court and also challenging the acquisition proceedings of lands of the appellants which were proposed to be acquired for the purpose of planned development of
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
