NAGPUR IMPROVEMENT TRUST versus SHEELA RAMCHANDRA TIKHE

Citation: [2018] 10 S.C.R. 1074 · Decided: 31-10-2018 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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1074
SUPREME COURT REPORTS
[2018] 10 S.C.R.
NAGPUR IMPROVEMENT TRUST
v.
SHEELA RAMCHANDRA TIKHE
(Civil Appeal No. 10853 of 2018)
OCTOBER 31, 2018
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
Nagpur Improvement Trust Disposal Rules, 1988:
s.5(2) – Disposal of surplus land – Policy decision in the
year 1968 by appellant-Trust to dispose of 44.61 acres of land to
the  owners of the land from whom it was acquired by way of
acquisition proceedings – Respondent (the owner from whom the
land was acquired) filed application dated 3.9.1975 for re-allotment
of entire 44.16 acres – On 6.10.1975 decision was taken to re-allot
the 44.61 acres of land on lease to the respondent on certain terms
and conditions – The decision was communicated to the respondent
on 16.10.1975 – The respondent requested to reduce the amount of
premium – Appellant on 9.6.1982 allocated to the respondent 24
acres out of 44.61 acres – Respondent acknowledged t54he
allotment – Possession of the land was handed over on 11.11.1982
– The respondent thereafter requested the appellant to release
remaining 20.61 acres of land to her – On 9.2.1989 appellant
executed lease in favour of respondent in respect of 24 acres of
land – Respondent filed suit seeking declaration that she was entitled
to re-allotment of 20.61 acres of land – Trial court decreed the suit
– Appellate court held that the respondent was not entitled for
allotment – High Court, held that respondent was entitled for
allotment of 20.61 acres of land – On appeal, held: Allotment of
land was subject to statutory Rules – When policy decision was
taken to dispose of surplus land (44.61 acres) and when 24 acres
of land was allotted Land Disposal Rules, 1955 were applicable –
Thereafter Land Disposal Rules, 1983 came into force and r. 5(2)
thereof became applicable for disposal of land – Earlier resolution
no longer could have been availed, after enforcement of 1983 Rules
– Respondent’s claim for allotment of 20.61 acres was not covered
by r.5(2) of 1983 Act – Hence no decree could have been passed
contrary to statutory Rules – Nagpur Improvement Trust Land
Disposal Rules, 1955.
1074
[2018] 10 S.C.R. 1074
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Limitation Act, 1963:
s.3(1) – Consideration of issue of limitation by appellate
court – When such issue was not before trial court – Propriety of –
Held: In view of s.3(1)entering into issue of limitation (when the
same was not before trial court) was permissible.
Allowing the appeal, the Court
HELD: 1.1 The allotment of land of the appellant-Trust was
subject to statutory Rules, namely, Nagpur Improvement Trust
Land Disposal Rules, 1955. The Resolution dated 03.05.1968
was passed by the Board for disposal of surplus land acquired for
the drainage and sewage disposal scheme, during the period of
enforcement of 1955 Rules. The allotment letter dated 16.10.1975
to the plaintiff of 44.61 acres of land was in furtherance of
Resolution dated 03.05.1968. The plaintiff after receipt of the
letter dated 16.10.1975 prayed for reduction of amount of
premium demanded.  Several letters were written by the plaintiff
regarding premium and allotment, last being letter dated
02.03.1982 in which the plaintiff herself was not ready to accept
the terms as communicated by letter dated 16.10.1975. The Trust
on 09.06.1982, thus, has alloted only 24 acres out of 44.61 acres
of land. [Paras 13 and 15]  [1087-A, E-G]
1.2 The facts of the case and correspondence clearly
indicate that at no point of time allotment of 44.61 acres was made
in favour of the plaintiff. The decision to allot 44.61 acres was
communicated on 16.10.1975 on terms and conditions mentioned
therein. The plaintiff having expressed certain reservation with
the conditions  and asked for relaxation of conditions and the
Trust after taking into consideration the entire facts and
circumstances took a decision to allot only 24 acres of land out of
44.61 acres on 09.06.1982, there was never any firm allotment of
44.61 acres of land to the plaintiff giving any indefeasible right of
allotment of 44.61 acres of land and the plaintiff herself has to be
blamed for not getting allotment of entire 44.61 acres of land.
[Para 15]  [1087-G-H; 1088-A-B]
1.3 After the allotment of 24 acres of land on 09.06.1982, a
new set of Rules for disposal of land of Nagpur Improvement
NAGPUR IMPROVEMENT TRUST v. SHEELA RAMCHANDRA
TIKHE
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1076
SUPREME COURT REPORTS
[2018] 10 S.C.R.
Trust was framed, namely, Nagpur Improvement Trust Land
Disposal 

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