Land Acquisition Act, 1894 – ss.4 and 6 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – The respondents land owners/subsequent purchasers have assailed the acquisition process – The validity of the acquisition were raised in the various writ petitions filed by them – However, pursuant to the enforcement of 2013 Act, fresh writ petitions were filed seeking relief under sub-section (2) of s.24 of the 2013 Act – In some of the impugned judgments, the High Court has followed the earlier judgment of this Court in Pune Municipal Corporation and has granted relief to the respondents-land owners/subsequent purchasers – Correctness:
Held: 1. In the instant case, if these appeals have to be considered on merits then the judgment passed by the five-Judge Bench of this Court in the case of Indore Development Authority would have to be applied to the facts of each case – In the circumstances, this Court finds it just and proper to set aside the impugned orders and remand these matters to the High Court for reconsideration of the Writ Petitions filed by the respondents land owners/subsequent purchasers and to dispose of those Writ Petitions on the basis of the recent judgment of this Court in Indore Development Authority by applying the ratio and the observations of the said judgment to the facts of each case as they emanate in each of the cases. [Paras 7, 9]
2. Since this Court is remanding the matters to the High Court, the order of status quo which were prevailing in those cases may be continued till the disposal of the writ petitions by the High Court. [Para 11]
3. Further, liberty reserved to the respondents-land owners/subsequent purchasers to raise all available contentions with regard to the validity of the acquisition which have been undertaken under the LA Act of 1894 before the High Court. [Para 14]
4. Considering the long lapse of time between the quashing of the acquisition or a declaration that they have lapsed and the matters now being remanded to the High court for reconsideration and there being subsequent developments with regard to the subject land in question, liberty may be reserved to the respondents-land owners/subsequent purchasers to raise all contentions on the basis of equity and in accordance with law. [Para 16]
5. In certain cases there may be death of the respondents-land owners/subsequent purchasers and there has been no application filed for substitution of the deceased before this Court – The High Court directed to issue fresh notices to the respondents-land owners/subsequent purchasers if they have not appeared before the High Court in those cases. [Para 17]
6. If the respondents-land owners/subsequent purchasers wish to take advantage of the concessions or the consent orders made by the High Court on the basis of the concessions made by the State, the same shall be considered having regard to the respective contentions advanced at the Bar and in accordance with law. [Para 19]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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