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AWADH BIHARI YADAV & ORS. AND Sita Ram Gope & Ors. Versus THE STATE OF BIHAR & ORS.

1995 (8) TMI 320 - SUPREME COURT

C.A. 7803 OF 1995 WITH CIVIL APPEAL NOS. 7820-21 OF 1995 [Arising out of SLP(C) Nos. 21401-02 of 1993 - Dated:- 31-8-1995 - PARIPOORNAN, K.S. AND RAMASWAMY, K., JJ. JUDGMENT PARIPOORNAN, J. Leave granted. 2. A batch of four writ petitions - CWJC No. 8426/88, CWJC No. 6373/88, CWJC No. 3720/90 and CWJC No.9000/89, was heard and disposed of by the High Court of Patna by a common judgment dated 30.7.1993. The appellants who obtained leave in S.L.P. (C) No. 20490 of 1993, are the petitioners in CWJC .....

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na, the Buddha Griha Nirman Sahyog Samiti Ltd. and its officials are the respondents in these appeals. 3. The main contesting respondents in the above appeals are - the State of Bihar, the Patna Regional Development Authority, and the Buddha Griha Nirman Sahyog Samiti Ltd. CWJC No. 6373/88 was a writ petition filed by the Buddha Griha Nirman Sahyog Samiti Ltd., praying that appropriate directions may be given to the respondents therein (the State of Bihar and its officials, Patna Municipal Corpo .....

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by a Division Bench of the Patna High Court (S. B. Sinha and D. Sinha, JJ). By the aforesaid judgment the learned Judges directed the land acquisition officer to sign and complete the award in terms of the earlier order of the Court dated 31.7.1984, in Form 15 and to take further steps in terms of Section 12 of the Land Acquisition Act,1894 (hereinafter referred to as the 'Act'). CWJC No. 6373/88 was allowed to the above extent.In view of the above directions, the other writ petitions we .....

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obtaining special leave have filed the aforesaid appeals. 4. We heard Mr. Raja Ram Agarwal and Mr. S. B.Sanyal, Senior Counsel who appeared on behalf of the appellants and Mr. P. N. Lekhi, Senior Counsel, Mr. B.B. Singh, Advocate and Mr. A. Sharan, Advocate, who appeared on behalf of the respondents. The subject matter in the appeals relates to land acquisition proceedings, covering an extent of about 32.48 acres in the villages of Rajapur No. 3 and Dujra No. 4, Perganna Phulwari, Thana Phulwar .....

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purpose. An extent of 25.09 acres of land was acquired under the normal procedure and the acquisition was completed on 11.7.1862. Possession of the land was taken and compensation was also paid. There is no controversy about this part of the acquisition. 6. The Society wanted to acquire another block of 32.48 acres, the land adjacent to the aforesaid 25.09 acres. The entire controversy in this batch of appeals is regarding this acquisition, initiated under Section 4 read with Section 17(4) of t .....

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nd Rajapur villages for its Boaring Road Development Scheme, Phase-I. The extent of 32.48 acres of land which the Society wanted to acquire and for which proceedings were initiated (under Section 4(1) read with Section 17(4) fell within the area, which the Authority wanted the Government to acquire. A fresh Notification under Section 4 read with Section17(4) of the Act, proposing to acquire 64.48 acres of land was promulgated on 6.8.1961.There was an understanding that upon acquisition, out of t .....

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in M.J.C. No. 65/62 the High Court of Patna stayed the land acquisition proceedings. The stay was in force from 23.1.1962 to 1.7.1964 and the M.J.C. was finally withdrawn. It appears that the Society deposited with the Authority a sum of ₹ 1 million on 7.4.1965. By letter No.254, dated 18.1.1972 the Government directed the Collector not to make the award till fill payment of compensation was deposited by the Authority. The acquisition was questioned in C.W.J.C. No. 812/67 in the High Cour .....

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ated that two awards were passed on 13.3.1982 for an extent of 4.47 acres and 3.32 acres only and the amount of compensation due thereunder were also paid. No award was passed in respect of the remaining lands. It is in these state of affairs, on 22.8.1982 the Society filed the writ petition CWJC No. 3241/82, and assailed the resolution of the Authority dated 14.8.1981 and also prayed for a direction to the respondents therein to release the lands. The High Court of Patna by its Judgment dated 2 .....

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the High Court which was affirmed by this Court and it was observed that the acquisition cannot be nullified, for not passing an award. The Court also noticed that there was unauthorized construction and encroachments, but since the land vested in the Government and possession was taken over, no rights will acquire by such unauthorized construction and encroachments. It is seen that the special leave petition filed against the Judgment of the High Court in CWJC No. 3240/82 was dismissed by this .....

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s for restoration of possession by evicting the encroachers. 7. The above events led to the filing of CWJC No. 6373//88 by the Society against the State of Bihar, the Authority and the Land Acquisition officer to give effect to the Judgment rendered in CWJC No. 3241/82 and for other reliefs and complete the acquisition proceedings. The appellants herein filed CWJC No. 8426/88 and 3720/90, in effect contending that the entire land acquisition proceedings had lapsed in view of Section 11-A of the .....

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edings by way of title suit and application under the Bihar Public Land Encroachment Act, 1956. 8. The sheet-anchor of the appellants plea is that the land acquisition proceedings have lapsed in view of Section 11-A of the Act. In order to understand the scope of the plea it will be useful to extract the relevant provisions of the Acts. [Section 6, Section 11, Section 11- A, Section 17 and Section 18(1)]. "6. Declaration that land is required for a public purpose.- (1) Subject to the provis .....

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4, sub-section (1), irrespective of whether one report or different reports has or have been made (wherever required ) under Section 5-A, sub- section (2) Provided that no9 declaration in respect of any particular land covered by a notification under Section 4, sub- section (1),- (i) published after the commencement of the Land Acquisition (Amendment and Validation) Ordinance 1967 (1 of 1967), but before the commencement of the Land Acquisition (Amendment) Act, 1984, shall be made after the expi .....

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; "11. Enquiry and award by Collector.- (1) on the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under Section 9 to the measurements made under Section 8, and into the value of the land at the date of the publication of the notifications under Section 4, sub- section (1), and into the respective interests of the compensation and s .....

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Government or of such officer as the appropriate Government may authorise in this behalf: (2) Notwithstanding anything contained in sub-section (1), if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by rules made by the appropriate Government, he may without making further enquiry, make an award according to the .....

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e made.- The Collector shall make an award under Section 11 within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse: Provided that in a case where the said declaration has been published before the commencement of the Land Acquisition (Amendment ) Act, 1984, the award shall be made within a period of two years from such commencement. Explanation.- In computing t .....

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possession of any land needed for public purpose. Such land shall thereupon vest absolutely in the Government, free from all encumbrances. XXX XXX XXX (4) In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub- section (1) or sub-section (32) are applicable, the appropriate Government may direct that the provisions of Section 5-A shall not be apply, and, if it does so direct, a declaration may be made under Section 6 in respect of the land at any ti .....

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Section 11 had been made within 2 years from the date of commencement of the Land Acquisition Amendment Act, 1984. We are of the view that the above plea has no force. In this case, the Government had taken possession of the land in question under Section 17(1) of the Act.It is not open to the Government to withdraw from the acquisition (Section 48 of the Act). In such a case, Section 11-A of the Act is not attracted and the acquisition proceedings would not lapse, even if it is assumed that no .....

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ests in the Government, that is to say, the owner of the land loses to the Government the title to it.This is what section 16 states. The provisions of section 11-A are intended to benefit the landowner and ensure that the award is made within a period of two years from the date of the section 6 declaration. In the ordinary case, therefore, when Government fails to make an award within two years of the declaration under section 6, the land has still not wasted in the Government and its title rem .....

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because the lands have already vested in the Government and there is no provision in the said Act by which land statutorily vested in the Government can revert to the owner." (Emphasis supplied) We, therefore, hold that the land acquisition proceedings in the instant case did not lapse. 9. We are also of the view that the proceedings dated 31.7.1984 (appearing 82 to 84 of Paper Book, Vol.I, and at pages 203 to 206 of paper Book, Vol.II), is in substance an award as contemplated by Section 1 .....

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s an award. The High Court was also of the view that even a defective award which has provisions with the directions of the Court and the provisions of law will not invite " the wrath" of Section 11-A of the Act. We are in general agreement with the reasoning and conclusion of the high Court in holding that three proceedings dated 31.7.1984, in the facts and circumstances of the case, is an award passed by the Collector under the Act, though not in Form 15. It is only a matter of proce .....

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eedings dated 31.7.1984, is in substance, an award, though it is not in Form 15. 10. Mr. Sanyal, senior counsel, very strongly contended that since the Society filed an application before the Collector under the Bihar Public Land Encroachment Act, 1956, and also title suit No. 32/87, in the Sub Court, Patna for removing the encroachments, the High Court was in error in not dismissing the writ petition filed by the Society. In other words, the plea was that since the Society has availed of the al .....

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spect of royalty. His case was that gypsum ore was less than the p[articular percentage of purity. Whereas according to the revenue, it was not so established and the substance contained a higher percentage of purity. The plea of the appellant was not accepted by the statutory authorities. The writ petition filed by the appellant in the High Court was dismissed on the ground that it fact and the appellant had an alternate remedy. Against the dismissal of the writ petition the appellant filed an .....

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nt approach, where the orders passed by the Court are sought to be violated or thwarted with impunity. The Court cannot be silent spectator in such extra- ordinary situations. The position obtaining herein is rather a different and unusual one. The writ petition was filed by the Society (CWJC No. 6373/88), praying for a direction to the respondents to give effect to the directions contained in the earlier judgment of this Court in CWJC No. 3241/82, dated 23.9.1984, and for other consequential or .....

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that non-passing of the award will not nullify the acquisition, the validity of the acquisition was upheld by the High Court and the Supreme Court, and the encroachments or the unauthorized structures were put up by persons in the property at their own risk, and it was further observed that once possession of the land was taken by the Government the fact that the owner of the land entered upon the land, will not obliterate the consequences of vesting, and allowed the writ petition filed by the .....

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eld that once possession of the land was taken by the Government, even if the owner of the land entered upon the land and resumed possession of it the very next moment, such act does not have the effect of obliterating the consequences of vesting. In allowing the prayer of the Society in CWJC No. 6373/88, by a common judgment dated 30.7.1993, the High Court was only implementing its earlier order and directions in CWJC No. 3241/82 which it was bound to do in the circumstance. We hold that the di .....

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