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Supreme Court of India
THE HONOURABLE MR. JUSTICE HARJIT SINGH BEDI & THE HONOURABLE MR. JUSTICE J.M. PANCHAL
Mahavir Jangonda Patil
Versus
Director Of Resettlement & Others
Civil Appeal NO(s). 6335 of 2001 - 6336 OF 2001
Decided on : 22-04-2009
[1964] 2 S.C.R. 933; (1974) 2 SCC 70 – Referred
Facts of the case:
A notification was issued under Section 11(1) of the Resettlement Act on 2nd November, 1978 declaring the villages comprised therein to be covered under the benefited zones of Warna Project in Kolhapur District from the said date. The said notification included the appellant’s village, Shriti.
Thereafter notification was issued under Section 14(1) of the Resettlement Act on 24th December, 1981 provisionally declaring the area to be acquired under Section 16 for the said Warna Project. The Respondents also issued a notification under Section 15 of the Resettlement Act which was published in the government gazette on 29th May, 1982 finally declaring the areas covered by the benefited zone.
On 1st September, 1983, a notification was issued under Section 4 of the Land Acquisition Act intending to acquire the Petitioner’s land
The appellant lodged his objections to the notices pointed out that on account of a compromise recorded in the year 1979, arising out of a suit for partition filed in 1967, the land had been partitioned amongst various members of the family and that the land holdings of the petitioner and his brothers had accordingly been reduced to less than 8 acres and the petitioners land thus could be acquired in view of Section 16 of the Resettlement Act read along with the schedule appended thereto.
The High Court in the impugned judgment held that as the compromise had been effected in the year 1979, i.e., after the date of notification dated 2.11.1978 issued under Section 11(1) of the Resettlement Act, the aforesaid compromise could not be taken into account as it was void ab initio and, accordingly, dismissed the Writ Petition.
Finding of the Court:
The compromise is void ab initio.
Result:
Appeal dismissed.
Judgment :-
These appeals are directed against the judgment and order dated 12.4.2001 in Review Application No.71 of 2001 passed by the Bombay High Court and the judgment and order dated 22.3.2001 passed by the Bombay High Court in Writ Petition No.6063 of 1988 dated 22.3.2001 whereby the Writ Petition filed by the present appellant has been dismissed.
In the writ petition a challenge has been made by the appellant to the notification under Section 15(1) dated 29th May, 1982 of the Maharashtra Resettlement of Project Displaced Persons Act, 1976 (hereinafter called the "Resettlement Act") and also for quashing the notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 issued by Respondent No.4.
Brief facts of the case are as under:-
Respondent No.6, through respondent No.3, issued a notification on 2nd November, 1978 under Section 11(1) of the Resettlement Act declaring the villages comprised therein to be covered under the benefited zones of Warna Project in Kolhapur District from the said date. The said notification included the appellants village, Shriti. Respondent No.2 thereafter issued notification under Section 14(1) of the Resettlement Act on 24th December, 1981 provisionally declaring the area to be acquired under Section 16 for the said Warna Project. The Respondents also issued a notification under Section 15 of the Resettlement Act which was published in the government gazette on 29th May, 1982 finally declaring the areas covered by the benefited zone. Respondent No.4, on 1st September, 1983, issued a notification under Section 4 of the Land Acquisition Act intending to acquire the Petitioners land bearing gat No.677 part, admeasuring 1 hectare 62 ares for the purpose of resettlement of persons affected by the Warna Project. The appellant lodged his objections to the notices issued pursuant to the Resettlement Act and the Land Acquisition Act and pointed out inter alia that on account of a compromise recorded in the year 1979, arising out a suit for partition filed in 1967, the land had been partitioned amongst various members of the family and that the land holdings of the petitioner and his brothers had accordingly been reduced to less than 8 acres and the petitioners land thus could be acquired in view of Section 16 of the Resettlement Act read along with the schedule appended thereto. The High Court in the impugned judgment held that as the compromise had been effected in the year 1979, i.e., after the date of notification dated 2.11.1978 issued under Section 11(1) of the Resettlement Act, the aforesaid compromise could not be taken into account as it was void ab initio and, accordingly, dismissed the Writ Petition. It is in this situation, the matter is before us.
We have heard learned counsel for the parties and have gone through the record.
Section 12 of the Resettlement Act, 1976 reads as under:
"12. (1) Notwithstanding anything contained in any law for the time being in force, no land in the villages of areas specified in the notification under Section 11 shall, after publication of that notification in the official Gazette, and until the Deputy Director makes a declaration to the effect that all proceedings for the acquisition of lands in the benefited zone area completed, be -
(a) transferred, whether by way of sale (including sale in execution of a decree of a Civil Court or of an award or order of any other competent authority) or by way of gift, exchange, lease or otherwise.
(b) sub-divided including sub-division by a decree or order of any court or any other competent authority), or
(c) partitioned (including partition by a decree or order of any court or any other competent authority), except with the permission in writing of the State Government.
(2) The State Government may refuse to give such permission if in its opinion the transfer, sub-division or partition of land is likely to defeat the object of this Act, or may give such general or special permission, subject to such conditio
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