INDORE DEVELOPMENT AUTHORITY vs SHAILENDRA (DEAD) THROUGH ITS LRS. AND ORS.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(Online)(SC) 537

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.20982 OF 2017 INDORE DEVELOPMENT AUTHORITY ...APPELLANT (S)
VERSUS SHAILENDRA (DEAD)
THROUGH LRS.& ORS. ...RESPONDENT (S)
WITH SPECIAL LEAVE PETITION (C) No.10742 OF 2008 YOGESH KUMAR & ORS. ...PETITIONER (S)
VERSUS STATE OF MADHYA PRADESH & ORS. ...RESPONDENT (S)
WITH SPECIAL LEAVE PETITION (C) No.20920 OF 2011 SPECIAL LEAVE PETITION (C)Nos.26574-26575 OF 2011 SPECIAL LEAVE PETITION (C)No.28993 OF 2011 SPECIAL LEAVE PETITION (C)No.30198 OF 2015 SPECIAL LEAVE PETITION (C)No.30192 OF 2015 SPECIAL LEAVE PETITION (C)No.30142 OF 2015 SPECIAL LEAVE PETITION (C)No.30128 OF 2015 SPECIAL LEAVE PETITION (C)No.30203 OF 2015 CIVIL APPEAL No.4835 OF 2015 SPECIAL LEAVE PETITION (C)No.25289 OF 2015 SPECIAL LEAVE PETITION (C)………………CC No.9842 OF 2016 SPECIAL LEAVE PETITION (C) No.22356 OF 2015 SPECIAL LEAVE PETITION (C) No.31678 OF 2015 CIVIL APPEAL NO.4836 OF 2015 SPECIAL LEAVE PETITION (C) No.22527 OF 2015 SPECIAL LEAVE PETITION (C) No.4705 OF 2016 SPECIAL LEAVE PETITION (C) No.30577-30580 OF 2015 SPECIAL LEAVE PETITION (C) No.27389 OF 2015 SPECIAL LEAVE PETITION (C) No.27383 OF 2015 SPECIAL LEAVE PETITION (C) No.34787 OF 2015 SPECIAL LEAVE PETITION (C) No.10190-10200 OF 2017 SPECIAL LEAVE PETITION (C) No.38290 OF 2016 SPECIAL LEAVE PETITION (C) No.9571 OF 2016 SPECIAL LEAVE PETITION (C) No.15127 OF 2016 SPECIAL LEAVE PETITION (C) No.15144 OF 2016 SPECIAL LEAVE PETITION (C) No.15131 OF 2016 SPECIAL LEAVE PETITION (C) No.15139 OF 2016 SPECIAL LEAVE PETITION (C) No.16425 OF 2016 SPECIAL LEAVE PETITION (C) No.15117 OF 2016 SPECIAL LEAVE PETITION (C) No.15140 OF 2016 SPECIAL LEAVE PETITION (C) No.9570 OF 2016 SPECIAL LEAVE PETITION (C) No.15113 OF 2016 SPECIAL LEAVE PETITION (C) No.16438 OF 2016 SPECIAL LEAVE PETITION (C) No.15119 OF 2016 SPECIAL LEAVE PETITION (C) No.15126 OF 2016 SPECIAL LEAVE PETITION (C) No.15125 OF 2016 SPECIAL LEAVE PETITION (C) No.15118 OF 2016 SPECIAL LEAVE PETITION (C) No.15124 OF 2016 SPECIAL LEAVE PETITION (C) No.15112 OF 2016 SPECIAL LEAVE PETITION (C) No.11824 OF 2016 SPECIAL LEAVE PETITION (C) No.15143 OF 2016 SPECIAL LEAVE PETITION (C) No.15141 OF 2016 SPECIAL LEAVE PETITION (C) No.15142 OF 2016 SPECIAL LEAVE PETITION (C) No.15213-15217 OF 2017 SPECIAL LEAVE PETITION (C) No.17324 OF 2016 SPECIAL LEAVE PETITION (C) No.38368 OF 2016 SPECIAL LEAVE PETITION (C) No.5182-5184 OF 2017 SPECIAL LEAVE PETITION (C) No.23846 OF 2016 SPECIAL LEAVE PETITION (C) No.23097 OF 2016 SPECIAL LEAVE PETITION (C) No.19804-19805 OF 2016 SPECIAL LEAVE PETITION (C) No.22127-22128 OF 2016 SPECIAL LEAVE PETITION (C) No.21997-21998 OF 2016 W.P.(C) No.602 OF 2017 SPECIAL LEAVE PETITION (C) .. Diary No.24901 OF 2017
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.20982 OF 2017 INDORE DEVELOPMENT AUTHORITY ...APPELLANT (S)
VERSUS SHAILENDRA (DEAD)
THROUGH LRS.& ORS. ...RESPONDENT (S)
WITH SPECIAL LEAVE PETITION (C) No.10742 OF 2008 YOGESH KUMAR & ORS. ...PETITIONER (S)
VERSUS STATE OF MADHYA PRADESH & ORS. ...RESPONDENT (S)
WITH SPECIAL LEAVE PETITION (C) No.20920 OF 2011 SPECIAL LEAVE PETITION (C)Nos.26574-26575 OF 2011 SPECIAL LEAVE PETITION (C)No.28993 OF 2011 SPECIAL LEAVE PETITION (C)No.30198 OF 2015 SPECIAL LEAVE PETITION (C)No.30192 OF 2015 SPECIAL LEAVE PETITION (C)No.30142 OF 2015 SPECIAL LEAVE PETITION (C)No.30128 OF 2015 SPECIAL LEAVE PETITION (C)No.30203 OF 2015 CIVIL APPEAL No.4835 OF 2015 SPECIAL LEAVE PETITION (C)No.25289 OF 2015 SPECIAL LEAVE PETITION (C)………………CC No.9842 OF 2016 SPECIAL LEAVE PETITION (C) No.22356 OF 2015 SPECIAL LEAVE PETITION (C) No.31678 OF 2015 CIVIL APPEAL NO.4836 OF 2015 SPECIAL LEAVE PETITION (C) No.22527 OF 2015 SPECIAL LEAVE PETITION (C) No.4705 OF 2016 SPECIAL LEAVE PETITION (C) No.30577-30580 OF 2015 SPECIAL LEAVE PETITION (C) No.27389 OF 2015 SPECIAL LEAVE PETITION (C) No.27383 OF 2015 SPECIAL LEAVE PETITION (C) No.34787 OF 2015 SPECIAL LEAVE PETITION (C) No.10190-10200 OF 2017 SPECIAL LEAVE PETITION (C) No.38290 OF 2016 SPECIAL LEAVE PETITION (C) No.9571 OF 2016 SPECIAL LEAVE PETITION (C) No.15127 OF 2016 SPECIAL LEAVE PETITION (C) No.15144 OF 2016 SPECIAL LEAVE PETITION (C) No.15131 OF 2016 SPECIAL LEAVE PETITION (C) No.15139 OF 2016 SPECIAL LEAVE PETITION (C) No.16425 OF 2016 SPECIAL LEAVE PETITION (C) No.15117 OF 2016 SPECIAL LEAVE PETITION (C) No.15140 OF 2016 SPECIAL LEAVE PETITION (C) No.9570 OF 2016 SPECIAL LEAVE PETITION (C) No.15113 OF 2016 SPECIAL LEAVE PETITION (C) No.16438 OF 2016 SPECIAL LEAVE PETITION (C) No.15119 OF 2016 SPECIAL LEAVE PETITION (C) No.15126 OF 2016 SPECIAL LEAVE PETITION (C) No.15125 OF 2016 SPECIAL LEAVE PETITION (C) No.15118 OF 2016 SPECIAL LEAVE PETITION (C) No.15124 OF 2016 SPECIAL LEAVE PETITION (C) No.15112 OF 2016 SPECIAL LEAVE PETITION (C) No.11824 OF 2016 SPECIAL LEAVE PETITION (C) No.15143 OF 2016 SPECIAL LEAVE PETITION (C) No.15141 OF 2016 SPECIAL LEAVE PETITION (C) No.15142 OF 2016 SPECIAL LEAVE PETITION (C) No.15213-15217 OF 2017 SPECIAL LEAVE PETITION (C) No.17324 OF 2016 SPECIAL LEAVE PETITION (C) No.38368 OF 2016 SPECIAL LEAVE PETITION (C) No.5182-5184 OF 2017 SPECIAL LEAVE PETITION (C) No.23846 OF 2016 SPECIAL LEAVE PETITION (C) No.23097 OF 2016 SPECIAL LEAVE PETITION (C) No.19804-19805 OF 2016 SPECIAL LEAVE PETITION (C) No.22127-22128 OF 2016 SPECIAL LEAVE PETITION (C) No.21997-21998 OF 2016 W.P.(C) No.602 OF 2017 SPECIAL LEAVE PETITION (C) .. Diary No.24901 OF 2017

Advocates:
Petitioner's Advocate: SANJAY KAPUR
Respondent's Advocate: C. D. SINGH

J U D G M E N T

ARUN MISHRA, J.

1. In Indore Development Authority v. Shailendra (Dead) through LRs. & Others [C.A No.20982 of 2017] correctness of the decision of Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki [2014 (3) SCC 183] has been doubted. The main issue is interpretation of section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the Act of 2013’) and section 31 of the Land Acquisition Act, 1894 (for short, ‘the Act of 1894’).

2. In Yogesh Neema & Ors. v. State of M.P. & Ors. [S.L.P. [C] No.10742 of 2008] vide order of 12.1.2016, observing that other question, that may arise undoubtedly to be considered question Nos. IV and V have been referred.

Following questions arises for consideration:

I. What is the meaning of the expression ‘paid'/ ‘tender' in Section 24 of the Act of 2013 and section 31 of the Act of 1894? Whether non-deposit of compensation in court under section 31(2) of the Act of 1894 results into a lapse of acquisition under section 24(2) of the Act of 2013. What are the consequences of non-deposit in Court especially when compensation has been tendered and refused under section 31(1) of the Act of 1894 and section 24(2) of the Act of 2013? Whether such persons after refusal can take advantage of their wrong/conduct?

II Mode of taking physical possession as contemplated under section 24(2) of the Act of 1894.

III Whether section 24 of Act of 2013 revives barred and stale claims?

IV. Whether the conscious omission referred to in paragraph 11 of the judgment in Shree Balaji Nagar Residential Association v. State of Tamil Nadu [(2015) 3 SCC 353] makes any substantial difference to the legal position with regard to the exclusion or inclusion of the period covered by an interim order of the Court for the purpose of determination of the applicability of Section 24(2) of the 2013 Act?

V. Whether the principle of “actus curiae neminem gravabit” namely act of the Court should not prejudice any parties would be applicable in the present case to exclude the period covered by an interim order for the purpose of determining the question with regard to taking of possession as contemplated in Section 24(2) of the 2013 Act?

In Re: Question No.1

3. Question that has been referred in as to meaning of the expression ‘paid' used in section 24 of Act of 2013 and expression ‘tender' used in section 31(1) of Act of 1894 when deposit under section 31(2) of Act of 1894 is necessary, effect of refusal to accept compensation and whether deposit in treasury is permissible and effect of non-deposit of compensation in Court.

4. In order to appreciate the various questions to be answered, it is appropriate to first consider the provisions contained in the Act of 1894 with respect to the passing of the award, together with its communication and payment; the following then is a ‘bird’s eye view’ of the same.

SCHEME OF ACT & RELEVANT PROVISIONS :

5. After notification under section 4 and declaration under section 6 have been issued under the Act of 1894, the Collector is required to proceed to pass an award under section 11. Section 12 requires the Collector to give immediate notice of the award to such persons interested as are not present personally or by their representatives when the award is made. Section 16 deals with the power of the Collector to take possession of the land after an award has been made under section 11. It is open to the Collector to take possession of the land, which shall, thereupon, vest absolutely in the Government. Section 16 is extracted hereunder:

“16. Power to take possession – When the Collector has made an award under section 11, he may take possession of the land, which shall thereupon vest absolutely in the Government, free from all encumbrances. (emphasis supplied)

6. Section 17 deals with special powers in cases of urgency. The same authorizes the Collector to take possession before passing of the award as provided in

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