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2015 Supreme(SC) 1393

SUPREME COURT OF INDIA
VIKRAMAJIT SEN, SHIVA KIRTI SINGH, JJ.
Delhi Development Authority - Petitioner
Versus
Sukhbir Singh & Ors. - Respondent
Petition(s) for Special Leave to Appeal (C)......2015 CC No(s). 5569 of 2015 and IA No. 1 of 2015
Decided On : 27-07-2015

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ranjit Kumar, SG Mr. Dhruv Mehta, Adv. Ms. Binu Tamta, Adv.
For the Respondent: Dr. A.M. Singhvi, Sr. Adv. Mr.Rishi Agrawala, Adv. Mr. Vivek Jain, Adv. Ms. Devika Mohan, Adv. Mr. Aviskar Singhvi, Adv. Mr. E. C. Agrawala, Adv. Mr. Dhruv Mehta, Sr. Adv. Mr. Hemant Malhotra, Adv. Mr. Pankaj Malhotra, Adv. Mr. Sachin Gupta, Adv.

Headnote:

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24 - Land Acquisition Act – Condo nation of delay - It was concluded that it was legally impermissible for Ram to have sold lands to the Respondent after issuance of Notification Section followed by Declaration Section sequentially followed by issuance of Section Notification publication of Award - Conveyance of land by Respondent before us is beyond cavil – Held, Senior Counsel appearing for Respondents contends that all postulations in Section are in place that being beneficiary cannot rely on disputed question of ownership - In this regard court may immediately recall to decision of Constitution Bench of this Court in which is inter alia to effect that beneficiary of an acquisition land is competent and possesses requisite locus to raise questions pertaining to any aspect of the acquisition - It is further countered by Solicitor General that notice is yet to be issued to whose objections and views have therefore not yet been elicited till this date - Solicitor General has also submitted that an has in fact already been filed - Senior Counsel appearing for Respondent has supported Mehta in his contentions and has additionally submitted that defense of is dishonest and it is patently an afterthought - He has reiterated that it is who alone can be heard and should not be permitted to fight proxy litigation - As court see it there is only self serving and temporary truce between these Respondents - Prima facie there is substance in contention raised by Solicitor General that impalement of subsequent purchasers Respondent before us in proceedings in High Court in which impugned Order came to be passed is mala fide and perfidious that subsequent purchasers had not sought substitution on the strength of their Conveyance Deed etc - Court cannot lose sight of fact that for over five years Late Ram or his legal representatives had not initiated any action on premise of their continued ownership – Order accordingly

ORDER :

1. Heard Learned Solicitor General appearing for the Petitioner, Mr. Dhruv Mehta, learned Senior Counsel for Respondent Nos. 1 & 2 and Dr. A.M. Singhvi learned Senior Counsel for Respondent Nos.3 to 5.

2. This Court, speaking through several different Benches, has explained the provisions of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter Act of 2013). This includes the oft and ubiquitously cited three-Judge Bench decision in Pune Municipal Corporation v. Harakchand Misirimal Solanki (2014) 3 SCC 183. An adumbration of the law can also be found in the decision of this very Bench in Government of NCT of Delhi v. Jagjit Singh in Civil Appeal No. 2592 of 2015, delivered on 27.2.2015.

3. At the commencement of the hearing of this SLP, we were of the view that this SLP also deserved similar dismissal. However, the learned Solicitor General has vehemently contended that the facts obtaining in the present SLP are singularly and significantly different to the others, and that the present matter requires detailed consideration. He has emphasized that there is no controversy regarding the fact that the possession of the subject land has been taken over by the Delhi Development Authority (for short “the DDA”) several years ago; the latter asserts that this transpired in January 2000. The learned Solicitor General has painstakingly taken us through the litigation filed by late Khyali Ram and continued by his legal representatives, as also the other Respondents who claim to have purchased these lands from Khyali Ram. Reliance has been placed on the decision of this Court in Meera Sahni v. Lieutenant Governor of Delhi (2008) 9 SCC 177 in which, in essence, it was concluded that it was legally impermissible for Khyali Ram to have sold the lands to the Respondent Nos. 3 to 5 after the issuance of the Notification under Section 4 on 24.10.1961, followed by the Declaration under Section 6 on 4.1.1969, sequentially followed by the issuance of Section 9 Notification on 26.4.1983 and the publication of the Award. The conveyance of the land by Khyali Ram to Respondent Nos. 3 to 5 before us is beyond cavil.

4. The dismissal of writ petition filed by Khyali Ram by the Single Judge of the Delhi High Court as well as in Appeal by its Division Bench, followed by the dismissal in this Court is beyond challenge. This is also the position so far as the contentions and prayers in the writ petitions filed on behalf of Respondent Nos. 3 to 5 are concerned. It also appears that Respondent Nos. 3 to 5 had issued notices to the DDA setting up their respectively claims of ownership, in denial of any subsisting ownership of Khyali Ram and/or his legal representatives. Therefore, the dispute inter se the Respondents was well within the knowledge of not only the Land Acquisition Collector (for short “the LAC”) but also the DDA, who avowedly is the beneficiary of this acquisition. The fruitless challenge to the subject acquisition and the Award that has been passed, at the instance of Khyali Ram as also Respondents Nos. 3 to 5 to whom the former endeavoured to convey the land is, as already mentioned, also beyond disputation.

5. Predicated on these facts, it is contended by the learned Solicitor General that the provisions of Section 31(2) of the Land Acquisition Act are facially attracted; and that the decision in Pune Municipal Corporation as well as several other precedents are inapplicable. Repeated reliance has been made to paragraphs 31 and 38 of Meera Sahni. It is contended that since there was genuinely a controversy as to which party was entitled to compensation, the action of DDA in depositing the compensation pursuant to orders passed by the High Court of Delhi in December 2011 would legitimize this action and complete the acquisition under the old Land Acquisition Act. Therefore, the provisions of Section 24(2) of the Act of 2013, would be of no avail to the Respo

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