SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(UK) 447

SUPREME COURT OF INDIA
Hon’ble Dr. Justice B.S. Chauhan and Hon’ble Mr. Justice Jagdish Singh Khehar
Civil Appeal No. 6342-43 of 2012
V. CHANDRASEKARAN & ANR. – Appellants
Versus
ADMINISTRATIVE OFFICER & ORS. – Respondents
Decided on :18.09.2012

For the Appellants :Mr. Abhishek Manu Singhvi, Mr. Rajiv Dutta, Sr. Advs., Mr. K.K. Mani, Mr. Krishna Ravindran, Mr. Jayveer, Ms. T. Sheela, Mr. Abhishek Krishna, Advocates
For the Respondents:Mr. S. Gomathi Nayagam, AAG, Mr. B. Balaji, Mr. G. Hari Hara Arun Soma Sankar, Mr. Rakesh Sharma, Mr. P. Krishnamoorthy, Advocates.

Headnote:(A) Land Acquisition Act, 1894, Sec. 4 — Notification issued under for acquisition of certain land — Rights of purchaser of such land subsequent to the notification — Scope and ambit — Purchaser entitled only to receive compensation awarded or to be awarded for acquisition — Writ petition challenging notification u/s 4, Act 1894 — Not maintainable. (Paras 6 to 9)

       (B) Practice and Procedure — Challenge to acquisition of land — The relief obtained by some persons, by approaching the Court immediately after the cause of action arised , cannot be the basis for other persons who have belatedly filed their petition, to take the benefit of earlier relief provided, for the reason that, such persons, cannot be permitted to take impetus of an order passed by the court, at the behest of another more diligent person. (Para 10)

       (C) Vesting of acquired land in Government — Effect — It is a settled legal proposition, that once the land is vested in the State, free from all encumbrances, it cannot be divested and proceedings under the Act would not lapse, even if an award is not made within the statutorily stipulated period. (Para 16)

        ¼v½ Hkwfe vtZu vf/kfu;e] 1894] /kkjk 4 & fdlh Hkwfe ds vtZu dh vf/klwpuk ikfjr & bl Hkwfe ds [kjhnnkj ds vf/kdkj vf/klwpuk ikfjr gksus ds ckn & foLrkj vkSj ifjfèk & [kjhnnkj dsoy vtZu dk eqvkotk ikus dk gdnkj & fjV ;kfpdk vf/klwpuk dks pqukSrh nsus ds fy, u/s 4 Act, 1894 & Lohdk;Z ughaA ¼izLrj 6 ls 9½

       ¼c½ vH;kl ,oa izfØ;k & Hkwfe vtZu dks pqukSrh & vuqrks”k tks dqN yksxksa dks feyk D;ksafd mUgksaus

Cause of action ds rqjUr ckn vnkyr dks approach fd;k Fkk dk ykHk ckn esa isVh’ku nk;j djus okyksa ds fy, vk/kkj ugha & D;ksafd ,sls yksxksa dks vuqefr ugha fd vnkyr }kjk ikfjr vkns’k dk impetus ysa] nwljs vf/kd lpsr yksxksa ds behest ijA ¼izLrj 10½

       ¼l½ ljdkj esa vtZu Hkwfe dk fufgr djuk & izHkko & ;g LFkkfir dkuwuh izLrkouk gS fd ,d ckj tc Hkwfe jkT; esa fufgr gks xbZ] lc izdkj ds _.k Hkkj ls eqDr gks rc ;g fufuZfgr ugha fd;k tk ldrk vkSj vf/kfu;e ds vUrxZr dk;Zokgh lekIr ugha rc Hkh tc vf/kfu.kZ; ugha fy;k x;k oS/kkfud fu;r vof/k esaA ¼izLrj 16½

JUDGMENT

Dr. B.S. Chauhan, J. — 1. These appeals have been preferred against the impugned judgment and order dated 24.1.2012, passed by the High Court of Judicature at Madras in Writ Appeal Nos. 805-806 of 2011, by which, the Division Bench reversed the judgment and order of the learned Single Judge, dated 1.11.2010 passed in relation to land acquisition proceedings.

2. Facts and circumstances giving rise to these appeals are as under:

A. A Notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act”), was issued on 15.5.1978 with respect to land measuring 58.59 acres, in the revenue estate of Tambaram Village, Saidapet Taluk, Chengalpet District, Tamil Nadu, including the suit land measuring, 2.26 acres in Survey Nos. 283/1 (extent of 27 cents), 284/1 (extent of 70 cents), 284/2 (extent of 65 cents) and 284/3 (extent of 64 cents). As the provisions of the Urgency Clause under Section 17 of the Act were not invoked, the persons interested were at liberty to file objections under Section 5-A of the Act. A declaration under Section 6 of the Act with respect to the said land was issued on 6.6.1981. Very few among the persons interested, challenged the land acquisition proceedings by way of filing 8 writ petitions, including Writ Petition Nos. 8897 and 8899 of 1983 etc. which were filed by some of the original tenure-holders of the suit land on several grounds. However, the said petitioners did not challenge the acquisition proceedings so far as the suit land is concerned, rather they chose to restrict their cases to the other parts of their lands. The batch of said writ petitions was allowed by way of a common judgment and order, dated 16.12.1983, quashing the declaration issued under Section 6 of the Act on the ground that the inquiry was not conducted fairly, and that the objections raised by the said writ petitioners under Section 5-A, were also not dealt with properly. However, the learned Single Judge upheld the Notification issued under Section 4 of the Act and hence, granted liberty to the Government of Tamil Nadu to continue with the said acquisition proceedings, in accordance with law.

B. Being aggrieved by this, the writ petitioners including the predecessors-in-interest of the appellants, preferred Writ Appeal Nos. 214 to 225 and 435 of 1984, before the Division Bench of the High Court, against the judgment and order dated 16.12.1983, praying for quashing of the Notification issued under Section 4 of the Act, as well. The Government did not challenge the judgment and order dated 16.12.1983. The said writ appeals were allowed vide judgment and order dated 23.8.1985, and the said notification under Section 4(1) of the Act, only in respect of the land, which constituted the subject matter of the aforementioned appeals, was quashed. Against the judgment and order dated 23.8.1985, the Government of Tamil Nadu preferred a Special Leave Petition before this Court, which was dismissed vide order dated 6.5.1992. Thus, those orders attained finality.

C. In the meantime, an Award was passed with respect to the said land, including the suit land, on 28.6.1983, to the extent of 4.26 acres i.e. Survey Nos. 283/1,284/1 and 284/3.

D. A second batch of writ petitions was filed before the High Court

challenging the acquisition proceedings, as well as the Award. All the said writ petitions were allowed, following the earlier judgments dated 16.12.1983 and 23.8.1985 vide judgment and order dated 22.12.1986.

E. A second award was made on 14.8.1986, in relation to the remaining part of said land, including a part of the suit land, i.e. Survey No. 284/2.

F. So far as the suit land is concerned, the persons-interested/tenure-holders never filed any objection under Section 5-A of the Act, and nor have they challenged the acquisition proceedings, at any stage. Instead, they accepted the compensation amount under protest. Possession of the suit land was taken over by the authority subsequen



































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top