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SUPREME COURT OF INDIA
S.J. Mukhopadhaya, Kurian Joseph, JJ.
Bankatlal - Appellant
Vs.
Special Land Acquisition Officer - Respondent
Civil Appeal Nos. 6087-6087A of 2002
Decided On: 30.06.2014
Land Acquisition Act, 1894 - Section 11A - Nagpur Improvement Trust Act, 1966 - Section 39 – Acquittal – pleadings and lead evidence – Tenant - Acquisition of Land - A Notification Under Section 39 of Nagpur Improvement Trust Act, 1966 was issued for acquisition of land admeasuring Acres situated at District Nagpur - Section 39 of Nagpur Improvement Trust Act is similar to Section 4of Land Acquisition Act, 1894 - Said land was acquired for eastern industrial area street scheme of second Respondent – Held, A perusal of observation made by this Court in above referred judgment undoubtedly makes it clear that award was not set aside for want of any procedural illegality however same was quashed only to extent of provisions which are referred to hereinabove came to be declared as ultra virus by Apex Court, which undoubtedly deals with aspect of compensation only - In view of facts and circumstances of present case in our opinion provisions of Section 11 of Land Acquisition Act are not attracted since award was already made prior to Section 11(A) came into existence in year 1984 - Contention of learned Counsel for Petitioner in this regard cannot be accepted and must fail - In view of such finding it is not necessary to decide question as to whether Collector has power of review as on merit itself find no ground to interfere with order passed by High Court - Learned Counsel for Appellant made an alternative prayer by filing to consider Appellants entitlement to benefit of Government Resolution dated but learned Counsel for Respondents pointed out that such relief has already been claimed by Appellant by filing a writ petition before High Court which has been dismissed by High Court - Therefore no such relief can be granted in present appeal In view of aforesaid finding of this Court, we hold that Nagpur Improvement Trust Act, 1966 is complete code by itself except for the provisions of Land Acquisition Act, 1894 which stood legislatively incorporated in State Act subsequent amendments to Land Acquisition Act including amendment made vide Act 68 of 1984 inserting Section 11A would have no effect on acquisition made or to be made under Nagpur Improvement Trust Act, 1966 - As regards to the second limb of issue, we find ourselves entirely in agreement with the submission that in absence of a statutory provision review application cannot be entertained - Even in garb of clarification earlier order cannot be modified or corrector – Appeal dismissed
JUDGMENT :
S.J. Mukhopadhaya, J.
1. This appeal is directed against the impugned judgment and orders dated 28th August, 2000 and 19th December, 2000 passed by the Nagpur Bench of Bombay High Court in Writ Petition No. 593/99 and MCA No. 286/2000 in Writ Petition No. 593/99 respectively. By its first order, the High Court dismissed the writ petition preferred by the Appellant and by the second order, High Court rejected the review application filed by the Appellant.
2. The question that arises for determination is whether Section 11A of the Land Acquisition Act, 1894 is applicable to the cases where land is acquired under the provisions of Nagpur Improvement Trust Act, 1966.
3. The factual matrix of the case are as follows:
A Notification Under Section 39 of the Nagpur Improvement Trust Act, 1966 was issued for acquisition of land admeasuring 10.80 Acres situated at Khasra No. 1/1, Mouza Pardi, Tah. & District, Nagpur. Section 39 of the Nagpur Improvement Trust Act is similar to Section 4of the Land Acquisition Act, 1894. The said land was acquired for the eastern industrial area street scheme of the second Respondent.
4. According to the Appellant, the aforesaid land was owned and was in possession of his predecessor in title late Dhanraj Jaluram Sarda (grandfather of the Appellant).
5. A declaration Under Section 45 of the Nagpur Improvement Trust Act was issued on 16th March, 1967. The aforesaid Section 45 is similar to Section 6 of the Land Acquisition Act, 1894. Thereafter, a notice dated 31st July, 1967 Under Section 9(3) of the Land Acquisition Act, 1894 was served on late Dhanraj Jaluram Sarda. Simultaneously, noticed dated 8th August, 1967 Under Section 9(1) & (2) of the Land Acquisition Act, 1894 was also served on late Dhanraj Jaluram Sarda.
6. Further, the case of the Appellant is that his predecessor in title late Dhanraj Jaluram Sarda claimed compensation on 31st January, 1968 (@ Rs. 2,00,000/- per acre) and thereafter, award Under Section 11 of the Land Acquisition Act, 1894 was passed on 27th April, 1968 by the first Respondent. The compensation fixed for 10.8 acres was @ Rs. 8,100/- which according to the first Respondent was the fair market value of the property under acquisition on the date of the first notification i.e. 13th June, 1963. The aforesaid amount was payable with interest @ 6% per annum w.e.f. 13th June, 1963 till the date of payment of the said amount.
7. At that stage late Dhanraj Jaluram Sarda filed a special civil application before the Bombay High Court challenging the award dated 27th April, 1968 and seeking a direction on Respondent No. 1 to determine the compensation payable to him against the acquisition of his land on the basis of market value as provided in the Land Acquisition Act. He further prayed to quash the notifications dated 13th June, 1963 and 16th March, 1967 published in the government gazette insofar as it relates to land belonging to him; Clause 10(3) of the schedule to the Nagpur Improvement Trust Act, 1936 was also challenged in the said writ petition. A further prayer was made to direct the Respondent No. 3 to consider his application Under Section 68 of the Nagpur Improvement Trust Act, 1966 and also to direct Respondent No. 1 to act according to the decision on the application.
8. On 18th May, 1968, the possession of the land belonging to late Dhanraj Jaluram Sarda was taken over by the Acquiring authority. After about a month i.e. on 10th June, 1968, the High Court admitted the case and granted interim stay in the said Special Civil Application No. 452/1968. Subsequently, by judgment and order dated 8thJuly, 1974, the High Court held as follows:
Accordingly, the impugned awards in all the three cases are set aside and the case are sent back to the Land Acquisition Act without the aforesaid amendments introduced by paras 10(2) and 10(3) of the schedule to the Nagpur Improvement Trust Act, after giving full opportunities to the parties to make further pleadings and lead evidence.
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