BHARAT PETROLEUM CORPORATION LTD. (BPCL) & ORS versus NISAR AHMED GANAI & ORS.

Citation: [2022] 17 S.C.R. 360 · Decided: 12-10-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 17 S.C.R.
BHARAT PETROLEUM CORPORATION LTD. (BPCL) & ORS.
v.
NISAR AHMED GANAI & ORS.
(Civil Appeal Nos. 6781-6783 of 2022)
OCTOBER 12, 2022
[M. R. SHAH AND KRISHNA MURARI, JJ.]
Right to Fair Compensation and Transparency in Land
Acquisition Rehabilitation and Resettlement Act, 2013 – Applicability
of – Land in question was sought to be acquired under the J&K
Land Acquisition Act, 1990 – Landowners filed the writ petition
before the High Court challenging the land acquisition proceedings
initiated under the J&K Land Acquisition Act, 1990 – During the
pendency of the writ petition, the J&K Land Acquisition Act, 1990
came to be repealed – Original writ petitioners-landowners submitted
that neither the possession of the land in question nor the award
has been declared under the J&K Land Acquisition Act, 1990 –
Thus, the landowners will be entitled to compensation of acquired
land in accordance with the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013 – High Court allowed the writ petitions and directed to
determine the compensation of the acquired lands in accordance
with the s.24 (1) of the Act of 2013 – Appellants submitted before
the Supreme Court, that the High Court has erred and in view of
Clause 2(13) of the J&K Reorganisation (Removal of Difficulties)
Order, 2019 read with Section 6 of the General Clauses Act, the
rights, privileges, obligations or liabilities acquired, accrued or
incurred under any law so repealed and that any investigation, legal
proceedings or remedy may be instituted, continued and enforced
as if J&K Reorganisation Act, 2019 has not been passed – Section
24(1) of the Act of 2013 will not be applicable – Held: Section
24(1) of the Act, 2013 speaks about the land acquisition proceedings
initiated under the Land Acquisition Act, 1894 and in the present
case, the land in question have been acquired as per the provision
provided under the J&K Land Acquisition Act, 1990 – The case of
the landowners that as the provisions of the J&K State Act of 1990
are pari materia to the Land Acquisition Act, 1894 , the provisions
under Section 24(1) of the Act of 2013 will be applicable, cannot
[2022] 17 S.C.R. 360
360
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be accepted – The language of Section 24 of the Act of 2013 is very
clear and unambiguous and it talks about the Land Acquisition
Act, 1894 only and does not speak about any other pari materia
provision of different statutes – High Court has committed a serious
error in directing to pay compensation under the Act of 2013 –
Therefore, the impugned common judgment and order of the High
Court is quashed – Accordingly, all the writ petitions are remitted
back to the High Court to decide in accordance with the law and
on its own merit – However, the issue with respect to the applicability
of the Act of 2013 is concluded.
Allowing the appeal, the Court
HELD: 1. On fair reading of Section 24(1)(a) of the Act,
2013, it provides that notwithstanding anything contained in Act,
2013, in any case of land acquisition proceedings initiated under
the Land Acquisition Act, 1894, where no award under Section
11 of the said Land Acquisition Act has been made, then, all
provisions of Act, 2013 relating to the determination of the
compensation shall apply. Section 24(1) of the Act, 2013 speaks
about the land acquisition proceedings initiated under the Land
Acquisition Act, 1894. In the present case, the lands in question
have been acquired under the provisions of the State Land
Acquisition Act, 1990. Therefore, the acquisition of the lands in
question is not under the Land Acquisition Act, 1894. It cannot
be disputed that prior to the enactment of the Jammu & Kashmir
Reorganization Act, 2019 and promulgation of the Jammu &
Kashmir (Removal of Difficulties) Order, 2019, the Land
Acquisition Act, 1894 was not applicable at all so as far as the
State of Jammu & Kashmir is concerned. It is only on the
enactment of the Jammu & Kashmir Reorganization Act, 2019,
Act, 2013 shall be made applicable. It is the case on behalf of the
original writ petitioners that as the provisions of the State Act of
1990 are pari materia to the Land Acquisition Act, 1894 and
therefore, Section 24(1)(a) of the Act, 2013 shall be applicable.
The aforesaid cannot be accepted. The language of Section
24(1)(a) of the Act, 2013 is very clear and unambiguous. It talks
about the land acquisition under the provisions of the La

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