LexBHARGAVA & ASSOCIATES PVT. LTD. & ORS. versus UNION OF INDIA AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2015] 2 S.C.R. 794 BHARGAVA & ASSOCIATES PVT. LTD. & ORS. A v. UNION OF INDIAAND ORS. '. (Civil Appeal No. 5099 of 2008) MARCH 10, 2015 [VIKRAMAJIT SEN AND C. NAGAPPAN, JJ.] B c Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 - s. 24(2) - Deemed lapse of acquisition proceedings under - When can be declared- Held: Factum of award uls. 11 of the 1894 Act must be established and the said award must o have been passed h"ve years before the commencement of the Act - Once the aforesaid is established, possession is found to not have been taken, or compensation not paid, then the proceedings shall be deemed to have lapsed - In the instant case, land owners submission that either possession E still with them or compensation not tendered by the State - Land owners proposing to "initiate proceedings uls. 24 - Appeal disposed of, without entering into merits, by granting liberty to the land owners to pray for the revival of the appeals in the event the orders uls. 24 adverse to their interest- Thus, F land owners permitted to initiate appropriate proceedings in the proper forum/court, seeking the benefit of s. 24 - Land Acquisition Act, 1894 - s. 11. Radiance Fincap (P) Ltd. v. Union of India & Ors. 2015(1) SCALE 677; Arvind Bansalv. State of Haryana 2015 (3) SCALE 2.0(.\· Kamai/ Kaur v. State of Punjab (2015) 1JT377 - relied on. 794 G H 795 A B c D E SUPREME COURT REPORTS [2015] 2 S.C.R. Pune Municipal Corporation vs. Harakchand Misirimal Solanki 2014 (1) SCR 783:(2014) 3 SCC 183, Union of India vs. Shiv Raj (2014) 6 SCC 564; Bimla Devi vs. State of Haryana (2014) 6 SCC 583; Rajiv Chowdhrie HUF v. Union of India 2015 AIR 614; Rajjv Chowdhrie HUF v. Union of India (Civil Appeal No.8786 of 2013, decided on 06.02.2015 - referred to. Case Law Reference 2014 (1) SCR 783 Referred to para 2 (2014) 6 sec 564 Referred to para 2 (2014) 6 sec 583 Referred to para 2 2015(1) SCALE 677 Relied on para 2 2015 (3) SCAl,.E 200 Relied on para 2 (2015) 1 JT 377 Relied on para 2 2015AIR 614 Referred to. para 2 CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5099 of2008 F. From the Judgment and Order dated 25.08.2005 of the High Court of Delhi at New Delhi in Civil Writ Petition No. 5609 of 2002 WITH G C.A. No. 5126 of2008 Salil Sagar, Dushyant Parashar, Surya Kant, Suresh C. Gupta, Abhinav Singh, Samarth Sagar, Birendra Kumar Mishra for H the Appellants. BHARGAVA & ASSOCIATES PVT. LTD. v. UNION OF 796 INDIA AND ORS. Rachana Srivastava, Utkarsh Sharma for the Respondents. A The Judgment of the Court was delivered by VIKRAMAJIT SEN, J. 1 These Appeals were originally filed seeking relief on the basis of provisions in the Land B Acquisition Act, 1894: Subsequently, upon the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Appeal grounds herein metamorphosed into proceedings under Section 24(2) of the 2013 Act, seeking lapse of the c acquisition proceedings thereunder. 2. Similar positioned Appeals i.e. Civil Appeal No. 5054 of 2008 and other connected Appeals, i.e. Civil Appeal Nos. 5100, 5283, 5105-5124, 5101-5104, 5053, 5050, 5052 of 2008, D 3279, 3280 of 2012 5127-5129, 5125, 5051 of2008 and 3278 of2012, have been disposed of with these observations and directions, which seem to us to remain the commendable approach- E "All of these Appeals were admitted before the commencement of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. After commencement thereof, the Appellants changed the tack of their challenge - originally F framed under the Land Acquisition Act, 1894 - and impugned the acquisition proceedings in toto, by evoking the deemed lapse of proceedings under Section 24(2) of the 2013 Act Any determination under this provision must proceed sequentially. First, the factum o.f an Award under Section 11 of G the Land Acquisition Act, 1894, must be clearly established. The said Award must predate the commencement of the Act, i.e., 01.01.2014., by at least five years (or more), ie., the Award must have been passed on or before 01.01.2009. This having H " '· 797 SUPREME COURT REPORTS (2015) 2 S.C.R. A been established, if possession is found to not have been taken, or compensation not paid, then the proceedings shall be deemed to
Excerpt shown. Read the full judgment & AI analysis in Lexace.