2010 Supreme(SC) 893

IN THE SUPREME COURT OF INDIA
Dr. Mukundakam Sharma and Anil R. Dave, JJ.
Jaipur Development Authority .......Appellant
Versus
Mahesh Sharma & Anr. ......Respondents
CIVIL APPEAL NO. 8590 OF 2003 With 9158 OF 2003, 9161 OF 2003, 9162 OF 2003
Decided on: September 21, 2010.

Headnote:(a) Rajasthan Land Acquisition Act – Sections 4, 6 and 48 – Land already vested in Government terms of Rajasthan Land Reforms and Resumption of Jagir Act, 1952 – Notification issued for acquisition of the same u/s 4 and 6 – Award made – Part compensation paid – Entire proceeding was illegal, without jurisdiction and a nullity – Government rightly de-requisitioning u/s 48 – Action for rectification of mistake. (para 24, 44)

       (1997) 1 SCC 35; (1994) 4 SCC 370; 1995 Supp (3) SCC 249; (2004) 7 SCC 362; (1955) 1 SCR 1311; (1955) 1 SCR 117; (1980) 3 SCR 281 – Relied upon

       (2002) 4 SCC 666 – Referred

       (b) Constitution of India – Article 14 – Wrongly granted benefit to somebody by an authority cannot entitle others to same benefit. (Para 34)

       (1996) 1 SCC 334 – Relied upon

       Facts of the case:

       With the coming into force the Rajasthan Land Reforms and Resumption of Jagir Act, 1952 on 18.02.1952, all Jagir lands from the commencement of the Act was made liable to payment of land revenue to the Government. Accordingly land measuring 29 Bighas and 17 Biswas under the occupation of Idol of which Mahant Ram Narain was the Manager, being the sole priest of the temple, also vested with the Government and was resumed by the Government effective from 01.08.1960.

       A Notification, however, was issued under Section 4(1) of the Rajasthan Land Acquisition Act, to acquire 552 Bighas and 8 Biswas of land in village Bhojpura and Chak Sudershanpura Tehsil Jaipur. The land which was sought to be acquired under this Notification also included the aforesaid 29 Bighas and 17 Biswas of land for a planned development of Jaipur city. On 03.05.1961, a Notification under Section 6 was also published in the Rajasthan Gazette.

       The sole priest of the temple submitted a statement of his claim on 16.09.1965 for payment of compensation by treating his Maufi rental income of Rs. 1,000/- before the Jagir Commissioner. An order was passed on 17.10.1968 by the Jagir Commissioner sanctioning the payment of a sum of Rs. 2250/- as interim compensation and rehabilitation grant payable to the Jagirdar Mahant Ram Narain under Section 36 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952. The aforesaid compensation was received by Jagirdar Mahant Ram Narain on 29.10.1968 as interim compensation under the Jagir Act.

       Despite the aforesaid fact of vesting of the land on the State Government by virtue of the provisions of Jagir Act and despite the payment of interim compensation under Jagir Act, an Award was passed by the Land Acquisition Officer on 29.04.1971, determining a sum of Rs. 2,62,680/- as compensation in lieu of the acquisition of the land. Surprisingly and rather peculiarly, the Land Acquisition Officer apart from determining the compensation for the land, also recommended allotment of developed plot of land measuring 2,500 sq. yds. to be given to the respondent.

       The Government of Rajasthan taking the stand that the aforesaid issuance of notifications under Sections 4 and 6 of the Act as also passing of the Award on 29.04.1971 was a nullity, issued an order dated 26.09.1973 deacquiring the land under Section 48 of the Rajasthan Land Acquisition Act stating therein that the possession of the land in question stood resumed on the day under the Jagir Act.

       The respondent preferred an application on 06.09.1974 before the Land Acquisition Officer for payment of compensation amount, which was rejected.

       The respondent being aggrieved by the issuance of the aforesaid Notification by the Government under Section 48 of the Rajasthan Land Acquisition Act preferred a writ petition before the Rajasthan High Court praying for the quashing and setting aside of the Notification dated 26.09.1973 with a further prayer to direct the appellant herein to make immediate payment of an amount of Rs. 2,62,680/- awarded under the award dated 29.04.1971 and also to allot the land measuring 2500 sq. yds in compliance of the award. The High Court while allowing the writ petition quashed the Notification issued by the State Government under Section 48 of the Rajasthan Land Acquisition Act with a further direction to the State Government to deposit the compensation amount in the court of the Civil Judge, Jaipur within three months and also to allot a plot of land of 2500 sq. yds.

       The Division Bench of the High Court ultimately dismissed the said appeal.

       SPL thereagainst was also dismissed.

       The respondent preferred a fresh petition before the High Court under Article 226 of the Constitution on 22.07.2002 for contempt of court in view of the alleged non-compliance of the order passed by the High Court. The Division Bench of the High Court took up the aforesaid writ petition and rejected the same.

       Finding of the Court:

       Impugned acquisition and award was illegal, without jurisdiction and a nullity.

       Result:

       CIVIL APPEAL NO. 8590 OF 2003 allowed.