M/S DELHI AIRTECH SERVICES PVT. LTD & ANR. versus STATE OF U.P. & ANR

Citation: [2022] 19 S.C.R. 757 · Decided: 14-10-2022 · Supreme Court of India · Bench: S. ABDUL NAZEER · Disposal: Disposed off

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Judgment (excerpt)

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   [2022] 19 S.C.R. 757
757
M/S DELHI AIRTECH SERVICES PVT. LTD & ANR.
v.
STATE OF U.P. & ANR.
(Civil Appeal No. 24 of 2009)
OCTOBER 14, 2022
[S. ABDUL NAZEER, A. S. BOPANNA AND
V. RAMASUBRAMANIAN, JJ.]
Land Acquisition Act, 1894 – ss.11A, 17(3A) – Is the
requirement to tender payment of 80% of the estimated compensation
as contemplated under sub-section(3A) to s.17 of, 1894 Act,
mandatory to ensure absolute vesting of the notified land; Whether
the requirement to pass the award within the time frame contemplated
u/s.11A applicable to the acquisition notified u/s.17 of 1894 Act –
Held: Provision contained in s.11 of 1894 Act, shall be applicable
to cases in which the acquiring authority has not complied with the
requirement of sub-section (3A) to s.17 of 1894 Act by tendering
and paying eighty per centum of the estimated compensation before
taking possession since possession in such cases cannot be
considered to be taken in accordance with law and the vesting is
not absolute – If the requirement is complied and possession is taken
after tendering and paying eighty per centum, though there is need
to pass an award and pay the balance compensation within a
reasonable time, the rigour of s.11A of 1894 Act will not apply so
as to render the entire proceedings for acquisition to lapse in the
context of absolute vesting – The right of land loser in such case is
to enforce passing of the award and recover the compensation.
Land Acquisition Act, 1894 – s.17(1), (3A) – “shall”, “before
taking possession”, “thereupon” – Purport of – Held: The word
employed in sub-section (3A) of  s.17 of 1894 Act is “shall” and it
is to be tendered and paid “before taking possession” – Hence it
cannot be understood as providing any discretion to the acquiring
authority – In fact, the last sentence of sub-section (1) of s.17 uses
the word “thereupon” with respect to vesting – This word “thereupon”
is correlated to taking possession and payment in terms of sub-
section (3A) is a sine qua non for taking possession – Therefore, (1)
payment of 80% (2) taking over possession thereafter and (3) vesting
of land in the government take place in a sequence.
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SUPREME COURT REPORTS
[2022] 19 S.C.R.
Interpretation of Statutes – Held: If the plain meaning of the
provision does not admit of any ambiguity no other external aid
will be necessary to interpret the provision except to give it the plain
meaning.
Constitution of India – Articles 300A, 31A – Held: In view of
Articles 300A and 31A of the Constitution, the owner of land can
be divested only in accordance with law after appropriately
compensating if such land is required by the State for public purpose.
Disposing of the appeal, the Court
HELD: 1.1 If the plain meaning of the provision does not
admit of any ambiguity no other external aid will be necessary to
interpret the provision except to give it the plain meaning. [Para
9][767-B-C]
1.2 In the normal circumstance, the process for acquisition
would commence with the notification under Section 4, after which
the procedure under Section 5A is complied. The declaration
under Section 6 is thereafter made, when the requirement of the
land for public purpose is confirmed. Thereafter, the process for
determining the compensation and taking possession through
Section 11 and Section 16 of Act, 1894 is contemplated, which is
undertaken after issue of notice under Section 9 of Act, 1894. In
so far as the said process, in order to protect the interest of the
land loser to be compensated within a time frame, failing which,
to give him benefit of his own land, Section 11A  was inserted by
Act 68 of 1984, w.e.f 24.09.1984. The said provision leaves no
ambiguity whatsoever that if the award is not made within the
period of two years from the date of publication of the declaration
under Section 6 of Act, 1894, the entire proceedings will stand
lapsed. The only option for the acquiring authority if the land is
still required for the public purpose is to notify afresh from the
stage of issuing notification under Section 4 of Act, 1894. The
computation of two years would however exclude the period if
the process was stayed by an order of the Court.  [Para 11][769-
F-H; 770-A-B]
1.3 So far so good, the question however is as to whether
the rigour of Section 11A of Act, 1894 will apply when the
appropriate Government exercises its special power in cases of
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urgency, which does not contemplate the same procedure as i

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