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2018 Supreme(SC) 1105
SUPREME COURT OF INDIA
A.K. SIKRI, ASHOK BHUSHAN, JJ.
Nagpur Improvement Trust – Appellant
Versus
Sheela Ramchandra Tikhe – Respondent
Civil Appeal No. 10853 of 2018 (arising out of SLP (C) No. 18959 of 2017)
Decided On : 31-10-2018
IMPORTANT POINTS
Mere pendency of the application when new rules came into force will not attract the new rules.
Every suit instituted, appeal preferred and application made after the prescribed period of limitation, subject to the provisions contained in Sections 4 to 24, shall be dismissed although the limitation has not been set up as a defence.
Headnote:(a) Nagpur Improvement Trust Land Disposal Rules, 1955 – Rule 3 and 5 r/w Rule 5, Nagpur Improvement Trust Land Disposal Rules, 1983 – Resolution to re-allot thee land passed in 1968 and actual allotment of 24 acres under Rules 1955 – respondent requested for allotment of 20.16 acres but no order passed before Rules 1983 came into force – After coming into force of Rules 1983 the resolution of 1968 becoming unavailable – Respondent not covered under persons eligible for re-allotment of land under Rule 5(2) of Rules 1983 – Held respondent was not entitled to re-allotment of 20.16 acres after the Rules 1983 came into force – Mere pendency of the application when new rules came into force will not attract the new rules. (Para 17, 19, 21, 23)
(2010) 8 SCC 467; (1981) 2 SCC 205 – Relied upon
2005(3) Bom.C.R.485; (1997) 5 SCC 432 – Referred
(b) Limitation Act, 1963 – Section 3 – Every suit instituted, appeal preferred and application made after the prescribed period of limitation, subject to the provisions contained in Sections 4 to 24, shall be dismissed although the limitation has not been set up as a defence – Held first appellate court did not commit any error in considering the issue of limitation even though the trial court had not considered the same. (Para 27)
(2015) 6 SCC 412 – Relied upon
Facts of the case:
44.61 acres of respondent’s land was acquired by the appellant.
Subsequently 24 acres was re-allotted to the respondent on premium. Respondent requested for re-allotment of the rest 20.16 acres. On appellant’s failure to do so, respondent filed a civil suit.
The trial court decreed the suit holding that plaintiff-respondent is entitled for allotment of remaining 20.61 acres of land. Plaintiff was directed to deposit remaining premium amount of Rs.16,295/- along with 10% p.a. interest and the appellant was directed to execute the lease-deed of land admeasuring 20.61 acres in favour of the respondent.
The High Court held that plaintiff was entitled for allotment of 20.61 acres of land in view of resolution of the Board dated 03.05.1968. Cnsequently, the second appeal has been allowed by the High Court, restoring the judgment and decree of the trial court.
Finding of the Court:
respondent was not entitled to re-allotment of 20.16 acres after the Rules 1983 came into force.
Result: Appeal allowed.
JUDGMENT :
Ashok Bhushan, J.
Leave granted.
2. This appeal has been filed by Nagpur Improvement Trust, challenging the judgment dated 14.03.2017 of High Court of Judicature Bombay at Nagpur in Second Appeal No. 122 of 2015, by which judgment the Second Appeal filed by the respondent has been allowed by setting aside the judgment of lower appellate court and restoring the judgment of trial court decreeing the suit.
3. Brief facts of the case necessary to be noted for deciding this appeal are:-
The Nagpur Improvement Trust, the appellant has been constituted under the Nagpur Improvement Trust Act, 1936. For the purposes of Drainage and Sewerage Scheme Part-II, notification under Section 39 of the Nagpur Improvement Trust Act, 1936 was issued on 27.11.1953 for acquiring 44.61 acres of land of the respondent. An award was passed on 31.12.1962 determining the compensation of Rs.23,500/- on the basis of compromise, which compensation amount was paid to the respondent and possession was taken over by the appellant of the land. On taking up the possession, the land vested in the appellant, which became the absolute owner. A statutory rule namely, Nagpur Improvement Trust Land Disposal Rules, 1955 was framed in exercise of power under Nagpur Improvement Trust Act, 1936 for disposal of land by the Nagpur Improvement Trust. As per Rule 3 of the Statutory Rules, 1955, one of the mode of transfer of trust land was by direct negotiation with the party. With regard to land admeasuring 44.61 acres as noted above, a policy decision was taken by the Board of the Trust dated 03.05.1968 for disposal of land to the owners on lease by charging the determined premium and the ground rent. The appellant accordingly invited application for re-allotment of the land on lease. The respondent filed an application dated 03.09.1975 for re-allotment of entire 44.61 acres of land. A decision dated 06.10.1975 was taken to re-allot the 44.61 acres to the respondent on the terms and conditions stipulated in the Board Resolution dated 03.05.1968. By letter dated 16.10.1975, the appellant informed the respondent in reference to her application dated 03.09.1975 that land acquired by the Trust may be allotted to her on the terms and conditions as mentioned in the letter. The letter dated 16.10.1975 communicated that amount of consideration for allotment would be 1.5 times of the amount received by them from the Land Acquisition Officer. The lessee can use the land only for Agriculture purposes and the amount of consideration will have to be made in maximum 10 installments. The respondent was required to deposit amount of Rs.3,525/- towards first installment and sign the form of terms and conditions of the allotment, only after that the Trust would be able to take further action in the matter.
The respondent in reply to the aforesaid letter wrote back to the appellant on 01.11.1975 requesting to revise the amount of premium payable by her. The respondent wrote further letters, lastly on 02.03.1982, again reiterating her request to reduce the amount. It was further requested that she should be given the land measuring 44.61 acresat the cost of acquisition only. The letter dated 02.03.1982 was replied by the appellant vide letter dated 09.06.1982 allocating land measuring 24 acres out of 44.61 acres. The revised premium for allotment of 24 acres was fixed as Rs.19,230/- and first installment of 10% was requested to be paid immediately and to further accept terms and conditions of allotment. The respondent acknowledged the allotment letter dated 09.06.1982 and communicated her acceptance on 15.06.1982. The respondent accepted the allotment on revised premium. In pursuance of the acceptance of allotment letter dated 09.06.1982 allotting 24 acres of land on terms and conditions mentioned therein, the possession of 24 acres of land was also handed over to the respondent on 11.11.1982. The respondent after taking possession of 24 acres of land again wrote a letter dated 17.06.1983
