2014 Supreme(SC) 402

SUPREME COURT OF INDIA
Dr. B.S. CHAUHAN, J. CHELAMESWAR, M.Y. EQBAL, JJ.
Union of India & Ors. – Appellants
Vs.
Shiv Raj & Ors. – Respondents
[Civil Appeal Nos. 5478-5483 of 2014 arising out of S.L.P.(C) Nos. 24297-24302 of 2007]
Decided On : 07-05-2014

IMPORTANT POINT
In Land acquisition proceedings, if objections filed are heard by one land acquisition collector and on his transfer report submitted by his successor, the proceeding would be vitiated.

Headnote:(a) Land Acquisition Act, 1894 – Section 5-A – Embodies very just and wholesome principle – A person whose property is being or is intended to be acquired conferred a valuable right to proper and reasonable opportunity of persuading the authorities why acquisition should not be made – Unless objections u/s 5-A are finally decided declaration u/s 6(1) cannot be made. (Para 8, 9, 10)

       AIR 1959 SC 308; AIR 1964 SC 1217 – Relied upon

       (1902-1903) 7 CWN 249 – Referred

       (b) Land Acquisition Act, 1894 – Section 5-A – Objections by persons interested – Should be considered and recommendations made by objective application of mind to the entire record including the objections – One person hearing and another deciding renders personal hearing a mere formality – The person/officer hearing the objector must also submit the report/ take decision on the objection – In case his successor decides the case without giving a fresh hearing, the order would stand vitiated – Violation of the principles of natural justice. (Para 11, 12, 15)

       AIR 1973 SC 1150; AIR 2004 SC 4307; AIR 2005 SC 3520; (2010) 11 SCC 242; (2011) 4 SCC 769; (2012) 1 SCC 792; (2013) 4 SCC 210; (2013) 8 SCC 99; AIR 1959 SC 308; AIR 2010 SC 2275; (2011) 2 SCC 258 – Relied upon

       (c) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Beneficial provision – Award passed – Physical possession not taken – Compensation not paid to the land owners or not deposited before the appropriate forum – Proceedings initiated under the Act, 1894 deemed to have been lapsed. (Para 18)

       (2014) 3 SCC 183; 2014 (3) SCALE 393; Civil Appeal Nos. 3871-3876 of 2014 – Relied upon

       (d) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Land acquisition – Award made in 1987 – Objections filed – Possession not taken – Compensation deposited with Revenue Department – Not deemed payment to beneficiaries – Appeals liable to be dismissed. (Para 20)

       (e) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Acquisition – Objections filed – Heard by one land acquisition collector – Transferred – Report submitted by his successor – Proceedings vitiated – High Court quashing the proceedings – Judgment attaining finality – Attempt to reopen proceedings – Beyond comprehension as to whether the scheme of planned development of Delhi can be executed at such a belated stage – More so when vacant land in continuous stretch may not be available – Appeals liable to be dismissed. (Para 29, 30)

       AIR 1997 SC 2564 – Relied upon

       (2000) 7 SCC 296; AIR 2010 SC 1068 – Referred

       (117) 2005 DLT 753 (FB) – Cited with approval

       Civil Appeal Nos. 1831-1836 of 2009; 903 of 2010; 7439 of 2009; 8483 of 2003; 5484-88 of 2014; 5489-94 of 2014; 5495-98 of 2014; 5499-5501 of 2014 and 4374 of 2009.

       (f) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Acquisition – Appeals dismissed in terms of Union of India v. Shiv Raj, Civil Appeal Nos. 5478-5483 of 2014. (Para 1, 2)

       Civil Appeal No. 1579 of 2010

       (g) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Authorities making award in 1987-88 – High Court dismissing appellant’s writ petition in 2007 – Authorities not taking possession of the land – Proceedings not sustainable – Appeal allowed in view of Union of India v. Shiv Raj, Civil Appeal Nos. 5478-5483 of 2014. (Para 5, 6)

       Facts of the case:

       The land of the respondents-tenure holders stood notified under Section 4 of the LA Act 1894 for public purposes, namely, the "planned development of Delhi" and objections under Section 5A were invited from the persons interested within 30 days of the said Notification.

       Respondents - persons interested, filed their objections under Section 5A of the Act 1894. However, without considering and disposing of the same, declaration under Section 6 of the Act 1894 was made. Notices under Sections 9 of the Act were also issued to the persons interested.

       The tenure holders filed writ petitions before the High Court challenging the acquisition proceedings contending that proceedings could not be continued without disposing of the objections filed by them under Section 5A of the Act.

       The High Court held that where objections had been filed and had been heard by one Collector and the report had been submitted by another Collector, the proceedings stood vitiated being in violation of principles of natural justice.

       Civil Appeal No. 1579 of 2010

       Land of many persons along with others stood notified under Section 4 of the Act 1894 on 25.11.1980. Validity of the notification was upheld.

       During pendency of the acquisition proceedings the present appellant had purchased the land vide registered sale deeds dated 6.5.1985 and 24.5.1985.

       The Land Acquisition Collector submitted a report on 4.6.1985 on the objections made under Section 5A of the Act 1894 and the same was accepted by the Lt. Governor of Delhi and the declaration under Section 6 of the Act 1894 was issued on 7.6.1985. In the year 3 1987-1988, the Land Acquisition Officer made an award in respect of the land.

       The writ petition filed by the present appellant was dismissed.

       Finding of the Court:

       There is no merit in the appeals.