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TMI Blog2018 (2) TMI 651X X X X Extracts X X X X X X X X Extracts X X X X ..... ITION (C) No.27389 OF 2015, SPECIAL LEAVE PETITION (C) No.27383 OF 2015, SPECIAL LEAVE PETITION (C) No.34787 OF 2015, SPECIAL LEAVE PETITION (C) No.10190-10200 OF 2017, SPECIAL LEAVE PETITION (C) No.38290 OF 2016, SPECIAL LEAVE PETITION (C) No.9571 OF 2016, SPECIAL LEAVE PETITION (C) No.15127 OF 2016, SPECIAL LEAVE PETITION (C) No.15144 OF 2016, SPECIAL LEAVE PETITION (C) No.15131 OF 2016, SPECIAL LEAVE PETITION (C) No.15139 OF 2016, SPECIAL LEAVE PETITION (C) No.16425 OF 2016, SPECIAL LEAVE PETITION (C) No.15117 OF 2016, SPECIAL LEAVE PETITION (C) No.15140 OF 2016, SPECIAL LEAVE PETITION (C) No.9570 OF 2016, SPECIAL LEAVE PETITION (C) No.15113 OF 2016, SPECIAL LEAVE PETITION (C) No.16438 OF 2016, SPECIAL LEAVE PETITION (C) No.15119 OF 2016, SPECIAL LEAVE PETITION (C) No.15126 OF 2016, SPECIAL LEAVE PETITION (C) No.15125 OF 2016, SPECIAL LEAVE PETITION (C) No.15118 OF 2016, SPECIAL LEAVE PETITION (C) No.15124 OF 2016, SPECIAL LEAVE PETITION (C) No.15112 OF 2016, SPECIAL LEAVE PETITION (C) No.11824 OF 2016, SPECIAL LEAVE PETITION (C) No.15143 OF 2016, SPECIAL LEAVE PETITION (C) No.15141 OF 2016, SPECIAL LEAVE PETITION (C) No.15142 OF 2016, SPECIAL LEAVE PETITION (C) No.15213-15217 O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esh Kumar, Adv., Dr.Kedar Nath Tripathy, Adv., Mr.Arun Sharma, Adv., Mr.Amit Andlay, Adv., Ms.Tatini Basu, Adv., Mr.Arjun Garg, AOR, Mr.Manish Yadav, Adv., Mr.Rohit Chandra, Adv., Mr.Aakash Nandolia, Adv., Mr.M.L.Sharma, Adv., Mr.Dinesh Verma, Adv., Mr.Subhashish Bhoumik, Adv., Ms.Ruby Singh Ahuja, Adv., Mr.Utsav Trivedi, Adv., For M/s Karanjawala & Co. , Mr.Atul Kumar, Adv., Ms.Sweety Singh, Adv. And Mr. Rahul Pandey, Adv. JUDGMENT ARUN MISHRA, J. 1. In Indore Development Authority v. Shailendra (Dead) through LRs. & Others [C.A No.20982 of 2017] correctness of the decision of Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki [2014 (3) SCC 183] has been doubted. The main issue is interpretation of section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act of 2013') and section 31 of the Land Acquisition Act, 1894 (for short, 'the Act of 1894'). 2. In Yogesh Neema & Ors. v. State of M.P. & Ors. [S.L.P. [C] No.10742 of 2008] vide order of 12.1.2016, observing that other question, that may arise undoubtedly to be considered question Nos. IV and V have been referred. Following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss an award under section 11. Section 12 requires the Collector to give immediate notice of the award to such persons interested as are not present personally or by their representatives when the award is made. Section 16 deals with the power of the Collector to take possession of the land after an award has been made under section 11. It is open to the Collector to take possession of the land, which shall, thereupon, vest absolutely in the Government. Section 16 is extracted hereunder: "16. Power to take possession - When the Collector has made an award under section 11, he may take possession of the land, which shall thereupon vest absolutely in the Government, free from all encumbrances. (emphasis supplied) 6. Section 17 deals with special powers in cases of urgency. The same authorizes the Collector to take possession before passing of the award as provided in section 17(1) of the Act of 1894, and on taking possession of any land, such land shall thereupon vest absolutely in the Government, free from all encumbrances. Section 17 is extracted hereunder: "17. Special powers in case of urgency - (1) In cases of urgency whenever the [appropriate Government], so directs, the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by him to the person interested entitled thereto, and (b) pay it to them, unless prevented by some one or more of the contingencies mentioned in section 31, sub-section (2), and where the Collector is so prevented, the provisions of section 31, sub-section (2), (except the second proviso thereto), shall apply as they apply to the payment of compensation under that section. (3B) The amount paid or deposited under section (3A), shall be taken into account for determining the amount of compensation required to be tendered under section 31, and where the amount so paid or deposited exceeds the compensation awarded by the Collector under section 11, the excess may, unless refunded within three months from the date of Collector's award, be recovered as an arrear of land revenue]. [(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 (2) are applicable, the [appropriate Government] may direct that the provisions of section 5A shall not apply, and, if it does so direct, a declaration may be made under section 6 in respect of the land at any time [after the date of the publication of the notification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next sub-section. (2) If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under section 18 would be submitted: Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18: Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto. (3) Notwithstanding anything in this section the Collector may, with the sanction of the [appropri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pensation in the Court to which a reference under section 18 would be submitted. It is also provided in section 31(2) that no person who has received the amount otherwise than under protest shall be entitled to make an application for seeking reference under section 18. It is open to a person, under the first proviso to section 31(2), to receive payment of compensation under protest as to the sufficiency of the amount, and such person is also entitled to maintain a reference. The third proviso to section 31(2) makes it clear that any person who has received the whole or any part of compensation awarded under the Act, shall still be liable to pay the same to a person who is lawfully entitled thereto. It is with the purpose as provided in section 31 when the amount is tendered it can be accepted under protest and still a reference can be maintained. In case awarded amount has been accepted without protest, reference cannot be maintained under section 18. 11. In case of incompetency of a person to alienate the land in question, amount has to be deposited in the reference court under section 31(2), and when money of such person is deposited in Court, court may order the money to be in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch moneys, and of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants. 33. Investment of money deposited in other cases - When any money shall have been deposited in Court under this Act for any cause other than mentioned in the last proceeding section, the court may, on the application of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it may think proper, and paid in such manner as it may consider will give the parties interested therein the same benefit the reform as they might have had from the land in respect whereof such money shall have been deposited or as near thereto as may be." 13. The provisions contained in section 34 deals with the exigencies where the amount of compensation is not paid or deposited on or before taking possession of the land. The Collector shall pay the amount awarded with interest thereon @ 9% from the time of so taking possession until it shall have been so paid or deposited; and if such compensation or any part thereof is not paid or deposited within one year from the date on which possession is tak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rest has been inserted via the proviso to section 34, w.e.f. 24.9.1984, vide Amendment Act No.68/1984. 15. When we consider the provisions of the Act of 2013, vis-à-vis those of the Act of 1894, it becomes apparent that Section 11 of the Act of 2013 is akin to section 4 of the Act of 1894. Section 19 deals with publication of declaration and summary of Rehabilitation and Settlement, it is equivalent to section 6 of the Act of 1894. Section 23 deals with matters to be considered while determining compensation by the Collector. 16. Section 24 of the Act of 2013 deals with land acquisition process initiated under the Act of 1894, which shall be deemed to have lapsed in certain cases. With respect to acquisition, when award, under the Act of 1894, has not been passed, then, as per Section 24(1)(a) of the Act of 2013, all the provisions of the Act of 2013 relating to the determination of compensation shall apply; where, however, an award under section 11 of the act of 1894 has been made, then such proceedings shall continue,as per section 24(1)(b), under the Act of 1894, as if the said Act has not been repealed. 17. Section 24(2) begins with a non-obstante clause - as notwiths ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 1894, the same is extracted hereunder: "80. Payment of interest. -When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of nine percent. per annum from the time of so taking possession until it shall have been so paid or deposited: Provided that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen percent. per annum shall be payable from the date or expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry." 20. It is apparent, from the provisions contained in section 77 of the Act of 2013, that, the expression used in section 77 that the Collector shall "tender" payment of the compensation to landowners/interested persons, and the obligation is to pay it to them by depositing the amount in their bank accounts unless prevented by exigencies provided in section 77(2), are akin to section 31(2) of the Act of 1894. 21. In proviso to section 24 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act: Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act." 24. When we consider the provisions of section 24 of the 2013 Act, it is clear that in case of the award has not been passed then as per section 24(1)(a), compensation has to be determined under the Act of 2013. It is also clear that section 24(1)(b) provides that where an award under section 11 of the 1894 Act has been made, then such proceedings shall continue under the provisions of the said Act of 1894 as if it has not been repealed. However, in case physical possession of the land has not been taken, or the compensation has not been paid, the proceedings shall be deemed to have lapsed; and, in case of compensation with respect to a majority of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt to making the payment; and, that is precisely what is intended by the word "paid" in section 24(2) of 2013 Act. 29. In Section 31(2) of the 1894 Act, the word 'deposited in Court' is used. The deposit in Court is not payment to the beneficiaries. It is only after their refusal to accept the compensation tendered under section 31(1) of the Act of 1894 it is to be deposited in Court. It is further provided in the rules that in case of reference is sought, the amount is to be deposited in court where reference would be submitted otherwise it is to be deposited in the treasury.If the expression "deposited", used in the proviso to section 24(2), and expression "paid" used in main section 24(2), are both taken as contained in expression "paid" i.e. the tender; and, on refusal it is deposited in court to make the "payment" complete; if expression "deposited" is included in expression 'payment' under Section 24(2), inconsistency and repugnancy would be caused as between the proviso and the main sub-section; which has to be eschewed. The Court cannot add the word "deposited" to the expression "paid"/ "tender" in Section 31 of Act 1894 or Section 24(2) of Act of 2013. 30. The proviso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the law and of the liability. Tender is to offer of money in satisfaction of a debt, by producing and showing the amount to a creditor or party claiming and expressing verbally, willingness to pay it. The expression "tender" has been used in section 31.The concept of deposited in court is different from tender and "paid". 33. This Court in the Straw Board Manufacturing Co. Ltd., Saharanpur v. Gobind, AIR 1962 SC 1500 has held in the context of section 33 of the Industrial Disputes Act where payment of one month's wages was necessary. It was held that the payment of one-month wages can always mean that the employer has tendered his wages and that would amount to payment for otherwise a workman could always make the section unworkable by refusing to take wages. The Court observed thus: "8. Let us now turn to the words of the proviso in the background of what we have said above. The proviso lays down that no workman shall be discharged or dismissed unless he has been paid wages for one month and an application has been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer. It will be clear that two ki ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot mean that the employer must actually hand over or pay to the workman dismissed or discharged his one month's wages. In (1962) 3 Suppl. S.C.R. 618] Strawboard Manufacturing Co. v. Gobind this Court while construing this proviso, observed that when it lays down the condition as to payment of one month's wages all that the employer is required to do to carry out that condition is to tender the wages to the employee. But if the employee chooses not to accept them, he cannot come forward and say that there has been no payment of wages to him by the employer, Therefore, though Section 33 speaks of payment of one month's wages, it can only mean that the employer has tendered the wages and that would amount to payment, for otherwise, a workman could always make the section unworkable by refusing to take the wages. In (1964) 2 SCR 104, 109 P.H. Kalyani v. M/s. Air France, the employer had offered one month's wages to the workman before the order of dismissal against him came into force. The offer was held to be sufficient compliance of the said condition laid down in the proviso, [(1955) 1 SCR 998] Management of Delhi Transport Undertaking v. Industrial Tribunal, Delhi wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e amount of dividend unconditionally available to the member entitled thereto. (emphasis supplied) 39. The expression "paid" would mean in section 31(1) of Act 1894 and section 24(2) of Act of 2013 as soon as it is offered and made unconditionally available. Merely, if a landowner refuses to accept it, it cannot be said that it has not been paid. Once amount has been tendered that would amount to payment. Thus, word "paid" does not mean actual payment to be made but whatever is possible for an incumbent to make the payment is only contemplated. "Paid" does not mean receipt or deposited in Court. There may be refusal to receive an amount in spite of its tender. Thus, in view of the decisions of this court in CIT Kerala (supra), N.B. Sanjana (supra) and J. Dalmia (supra), the provisions of section 24(2) have to be construed to mean tender of amount would mean payment as envisaged. 40. It is settled that a Court cannot add or subtract a word; the expression "compensation has not been paid" is used in section 24(2); it is not open to the court to add to these words, or to substitute the said expression with any further expression, such as 'deposit'. In the "Principles of Statutory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ature, in its wisdom, has not put the rider of prior permission in the section, addition of the words 'with the prior permission of the court' to the provision is not permissible . Section 2(2) of the Arbitration and Conciliation Act, 1996, which is in Part I of the Act, provides that 'This Part shall apply where the place of arbitration is in India. In Bharat Aluminium Company v. Kaiser Aluminium Technical Services Inc., a Constitution Bench of the Supreme Court rejected the contention that Part I of the Act was also applicable to arbitrations seated in foreign countries on the ground that in such a case certain words would have to be added to section 2(2), which would then have to provide that 'this part shall apply where the place of arbitration is in India and to arbitrations having its place out of India'. This would amount to a drastic and unwarranted rewriting or alteration of the language of section 2(2), and it is not permissible for the Court to reconstruct a statutory provision. In this case, the Constitution Bench prospectively overruled the decision of a three-Judge Bench of the Supreme Court in Bhatia International v. Bulk Trading SA, which had held that provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. Ltd. (1981) 3 SCC 531, Paul Enterprises & Ors. v. Rajib Chatterjee & Co. & Ors., AIR 2009 SC 187, Sakshi v. Union of India (2004) 5 SCC 518, Commissioner of Income Tax, Kerala v. Tata Agencies (2007) 6 SCC 429, Ram Narain Medhi v. State of Bombay AIR 1959 SC 459, S.P. Gupta v. President of India AIR 1982 SC 149, Dadi Jagannadham v. Jammulu Ramulu (2001) 7 SCC 71, P.K. Unni v. Nirmala Industries AIR 1990 SC 933, Crawford v. Spooner (1846) 6 Moore PC 1, Royal Trust Company v. Minister of Finance AIR 1921 PC 184, Padma Sundara Rao (dead) & Ors. v. State of T. N. & Ors. (2002) 3 SCC 533 has observed that what legislation wanted has been stated in the provision. The court cannot give extended meaning to the expression. It is not open to the Court to aid defective phrasing of the Act or to make up for the deficiencies. It is not open to the Court to recast, rewrite, or reframe the provision. The court cannot assume omission and add or amend words. Plain and unambiguous construction has to be given without addition and substitution of the words. The temptation of substituting words by explaining what it thought legislation is endeavoring is to be discouraged. Court has to consider what ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en different meanings. There is casus omissus, i.e. conscious omission made by the Legislature in main Section 24(2) when the expression "deposited" has not been used in the expression "has been paid", and it is only after amount tendered is declined, it is to be deposited in Court that too in certain exigencies as per section 31(2). 43. The word "paid", in view of the different consequences of paid and deposited, has to be given different meaning from "deposited". Otherwise, if it were the case that 'deposit' is included in the 'payment', then there would have been no necessity of using two different expressions, in different provisions, carrying different consequences. Deposit made in the court cannot be said to be payment made to the landowner i.e. persons interested/beneficiaries. Thus, in case of deposit is directly made in the court without tender, it could not be said that it was tendered or paid. 'Deposit in court' simply is the discharge of Collector's liability of making payment of interest as envisaged under section 34 of the 1894 Act, and no more; deposit in Court is not tender to landowner. Once the amount has been tendered and not accepted, obligation to pay is disc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court. There has to be harmonized construction of provision of section 24(2). 48. Since there is no ambiguity of drafting in the provisions contained in section 24(2) of the Act of 2013, so also none is there in those contained in sections 31(1) and 31(2) of the Act of 1894. Thus, in discharging its interpretative function, to exercise the power to correct obvious drafting errors that can be done only in suitable cases where there is error of drafting. Before adding the word or omitting a word the court has to consider 3 matters : (1) the intended purpose of the statute or the provision in question, (2) that by inadvertence the draftsman and Parliament failed to give effect to that purpose in the provision in question, and (3) substance of the provision Parliament would have made, although not necessarily the precise words Parliament would have used, had the error in the Bill been noticed. As observed in Inco Europe Ltd. v. First Choice Distribution (a firm) by the House of Lords in (2000) 2 All ER 109 at 115. There is no accidental omission as to the concept of payment in section 24(2) or section 31(1) of the aforesaid Acts. Thus, it is not permissible to supply the word "deposi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the judges "in the light of their own views as to policy" although they can "adopt a purposive interpretation if they can find in the statute read as a whole or in material to which they are permitted by law to refer as aids to interpretation an expression of Parliament's purpose or policy". For a modern statement of the rule, one may refer to the speech of LORD SIMON OF GLAISDALE in a case where he said: "Parliament is prima facie to be credited with meaning what is said in an Act of Parliament. The drafting of statutes, so important to a people who hope to live under the rule of law, will never be satisfactory unless courts seek whenever possible to apply 'the golden rule' of construction, that is to read the statutory language, grammatically and terminologically, in the ordinary and primary sense which it bears in its context, without omission or addition. Of course, Parliament is to be credited with good sense; so that when such an approach produces injustice, absurdity, contradiction or stultification of statutory objective the language may be modified sufficiently to avoid such disadvantage, though no further". The rules stated above have been quoted with approval by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ..." ***14.Brighton Parish Guardians v. Strand Union Guardians, (1891) 2 QB 156, p. 167 (CA); Member, Board of Revenue v. Arthur Paul Benthall, AIR 1956 SC 35, p. 38: 1955 (2) SCR 842; CIT v. East West Import & Export (P.) Ltd., Jaipur, AIR 1989 SC 836, p.838 : (1989) 1 SCC 760; B.R. Enterprises v. State of U.P., AIR 1999 SC 1867, p.1902 : (1999) 9 SCC 700 ('trade and business' in Article 298 have different meaning from 'trade and commerce' in Article 301); ShriIshal Alloy Steels Ltd. v. JayaswalasNeco Ltd., JT 2001 (3) SC 114, p. 119 : (2001) 3 SCC 609 : AIR 2001 SC 1161 (The words 'a bank' and 'the bank' in section 138 N.I. Act, 1881 do not have the same meaning); The Oriental Insurance Co. Ltd. v. Hansrajbhai v. Kodala, AIR 2001 SC 1832, p. 1842 : (2001) 5 SCC 175; KailashNathAgarwal v. PradeshiyaIndust and Inv. Corp. of U.P., 2003 AIR SCW 1358, p. 1365 : (2003) 4 SCC 305, p. 313. (The words 'proceeding' and 'suit' used in the same section construed differently); But in Paramjeet Singh Pathak v. ICDS Ltd, (2006) 13 SCC 322 : AIR 2007 SC 168 different view was taken therefore in Zenith Steel Tubes v. Sicom Ltd, (2008) 1 SCC 533 : AIR 2008 SC 451 case referred to a large ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustice or absurdity. The Court has to keep in mind that the provision enacted by the legislature in a certain manner as had intended. Different words are used in different senses. 51(d) The aforesaid principles of statutory construction, different words to be given different meaning as also the binding precedents of this Court, indicate that the expression 'deposited' cannot be added to 'tender' / 'paid', both carry different consequences under section 24, tender on lapse of acquisition/non-deposit higher interest under section 34 of the Act of 1894. 51(e). It is a settled proposition of law that when two different expressions have been used in section 24(2) of the Act of 2013, as well as in section 31 of the Act of 1894, i.e. "paid to the landowners" and "deposited in the court", they both carry different meanings, and have to be interpreted as used in the respective contexts. It is not the expression used that deposit in the court is payment to landowners, neither it is used that amount deposited in the treasury is the payment to the landowners. The payment indicates the obligation to pay; and, deposit is made in the court or revenue treasury only upon happening of various exig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m desirable, cause the amounts due to be paid into the Treasury as Revenue deposits payable to the persons to whom they are respectively due and vouched for in the accompanying form (marked E). The officer shall also give notice to the payees of such deposits, the Treasury in which the deposits specifying have been made. When the payees ultimately claim payment of sums placed in deposit, the amounts will be paid to them in the same manner as ordinary revenue deposits. The officer should, as far as possible, arrange to make the payments due in or near the village to which the payees belong, in order that the number of undisbursed sums to be placed in deposit on account of non-attendance may be reduced to a minimum. Whenever payment is claimed through a representative whether before or after deposit of the amount awarded, such representative, must show legal authority for receiving the compensation on behalf of his principal." (emphasis supplied) 55. The Karnataka Land Acquisition Rules 1965 were also framed under section 55 of the Land Acquisition Act, 1894. Similarly in the State of Kerala Rule 14(2) of the Land Acquisition (Kerala) Rules, 1990 were framed under section 55 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance may be reduced to a minimum. Whenever payment is claimed through a representative, such representative, must show legal authority for receiving the compensation on behalf of the principal." (emphasis supplied) 57. Identical is the rule for Bihar and Orissa. Similar instructions have been issued by the other State Government so as to deal with public money. They have the force of law. The duty of the court is to harmonize rules with provision of Act. In State of West Bengal also similar rules had been framed under section 55 of the Act of 1894. 58. Standing Order No.28 issued in 1909 the State of Punjab is applicable to Delhi also, provides 5 modes of payment in Para 74 and 75 based on Government of India's orders, which are extracted hereunder: "74. Methods of making payments-There are five methods of making payments: (1) By direct payments, see paragraph 75(I) infra (2) By order on treasury, see paragraph 75(II) infra (3) By Money Order, see paragraph 75(III) infra (4) By cheque, see paragraph 75(IV) infra (5) By deposit in a treasury, see paragraph 75(V) infra 75. Direct payments (V) By treasury deposit-In giving notice of the award Under Section 12(2) an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. Otherwise, in certain circumstances, payment is to be made by money order and/or by cheque. When we come to paragraph (V), it is clear that payment is made into the treasury only when persons who are served notice Under Section 12(2) are not present personally at the time the award is delivered. Even though they may not appear at that stage, the officer shall require them to appear personally or by representatives by a certain date to receive payment of compensation awarded. It is only if they fail to appear after such an intimation, and if the officer, after further endeavours to secure their attendance, cannot so secure their attendance, that amounts due are to be paid to the treasury as revenue deposited payable to persons to whom they are due. It is clear, therefore, that sub-para (V), when read in its proper perspective, is not a separate mode of payment by itself as is contended by learned Counsel for the Appellants. It is a residuary mode of payment after all necessary efforts have been made by the authorities to secure the attendance of the persons entitled to compensation, and it is only after all such methods have failed that, as a last resort, the money is then to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petence to alienate the land, (3) there is dispute as to entitlement or (4) apportionment and authority decides not to disburse compensation in later two exigencies. In such cases, it has to be deposited in court. It is not necessary to make tender of amount of compensation under Section 31(1) in the 3 latter exigencies provided in section 31(2) itself. The proviso to section 24(2) of the Act of 2013 does not envisage any of the exigencies as contemplated under section 31(2) it clearly deals with deposit of money before the Land Acquisition Collector or in the treasury with respect to "majority of the holding" as the State/authority who is acquiring the land or has acquired it, must have arrangement to pay the money to the landowners and in case such money has not been deposited with the Land Acquisition Collector or with the treasury or in any other permissible mode consequence enumerated in proviso to follow, regarding payment of higher compensation under the Act of 2013 to all land holders. In the Treasury also separate accounts are opened of the landowners and money is kept in such separate accounts. As is apparent from the standing order 28 of Punjab and the rules framed under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acquisition itself, much less compensation, in such circumstances such landowners have to inform the authorities about the outcome of the litigation and in case they have lost, to ask for compensation. Authorities are not supposed to be on vigil so as to ascertain after lapse of so much time even after decades in new generation, who has received the compensation and who has not received the compensation. There is no such data readily available to them. Thus once by conduct, such landowners refuse to accept the land acquisition/compensation, so as to saddle liability on authority, they have to inform the outcome/ willingness to the concerned authorities to apply for payment and to show their readiness to accept. Same would be the position in case amount is deposited in court. They have to apply for its withdrawal. The obligation of authorities is at initial stage. At subsequent stage, unless and until there is willingness shown by landowners/interested persons to accept the compensation, authorities cannot presume that they would accept it and that landowners are not going to question acquisition in the higher forum and it is not open to the authorities to offer to them compensation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een sought to be blatantly misused. The law never envisages such absurd results as is being sought to be achieved. The beneficial provisions of 2013 Act are put to misuse that tantamounts to grossest abuse of the provisions of law to reopen such acquisitions and court has to thwart all such attempts at threshold and not to receive such cases even for consideration for a moment. We see development has taken place in the area that has been acquired, there have been several rounds of litigation which have been lost by landowners even up to this Court; thereafter some persons are filing cases on the basis of power of attorneys or sale deeds which are not permissible after land has vested in the State and purchase after issuance of notification under section 4 is illegal and void and no such right is given to such incumbents to re-open the whole gamut of issues and to even contend that acquisition has lapsed under the provisions of the 2013 Act. 66. The law as prevailed under the Act of 1894 never invalidated any land acquisition in the absence of amount being deposited in court since the time immemorial in most cases where reference is not sought, amount had been invariably deposited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ke the operation of law to be such as to invalidate land acquisition when deposit is made in Treasury. Such an interpretation is not permissible as per the intendment of the Act of 2013. Though it is a beneficial law to benefit the incumbents it cannot be interpreted to be a law which would be to invalidate concluded transaction as per prevailing law and divest the land which has vested in State, development has taken place, possession taken, awards passed, after litigation/several rounds of litigation lost and then land cannot be ordered to revert back. The law does not intend that effect, as it may be termed as arbitrary and beyond legislative competence. We have to prevent the misuse of provisions and avoid anomalous results. 67. The court has to be cautious and duty-bound to prevent such misuse of the provisions of law and to make the purposive interpretation, considering the experience and after-effect of decisions. At the same time we have to forward the intendment and spirit of the provisions of the Act of 2013 to benefit farmers, at the same time, not to thwart the entire development which has taken place or to burden the Exchequer with such liability which is not contempl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct. This court in Jankinath Sarangi v. State of Orissa (1969) 3 SCC 392 observed: "5. From this material, it is argued that the principles of natural Justice were violated because the right of the appellant to have his own evidence recorded was denied to him and further that the material which was gathered behind his back was used in determining his guilt. In support of these contentions, a number of rulings are cited chief among which are State of Bombay v. NurulLatif Khan 1966 2 L.L.J.595 State of Uttar Pradesh and another v. C.S. Sharma 1969 1 L.L.J. 509 and Union of India v. T.R. Varma 1958 2L.L.J.259 There is no doubt that if the principles of natural Justice are violated and there is a gross case, this Court would interfere by striking down the order of dismissal; but there are cases and cases. We have to look to what actual prejudice has been caused to a person by the supposed denial to him of a particular right." 70. In Sunil Kumar Banerjee v. State of West Bengal, (1980) 3 SCC 304, it was observed: "3. ......It may be noticed straightaway that this provision is akin to Section 342 of the Criminal Procedure Code of 1898 and Section 313 of the Criminal Procedure C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or 24(2) of old and new Acts respectively as these are two different exigencies and consequence of non-payment of compensation is clearly culled out in section 34. There is a liability for payment of interest. This court in Delhi Development Authority v. Sukhbir Singh & Ors. [(2016) 16 SCC 258], has considered modes of payment in section 31(1) and has held in Para 18 quoted above that deposit in the treasury is residuary mode of payment under section 31(1) of Act of 1894. 72. This court has considered the question of effect of non-deposit in Hissar Improvement v. Smt. Rukmani Devi & Anr., AIR 1990 SC 2033 and observed that in case of compensation is not being paid or deposited in time in court before taking possession of the land, Collector has to deposit the amount awarded in section 31 failing which he is liable to pay interest as provided in section 34. The Court has observed: "5. It cannot be gainsaid that interest is due and payable to the landowner in the event of the compensation not being paid or deposited in time in court. Before taking possession of the land, the Collector has to pay or deposit the amount awarded, as stated in Section 31, failing which he is liable t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k Ashok Nagar (Sahibabad) Plot Holders' Association (Regd.) v. State of U.P. & Ors. (1997) 10 SCC 77, this Court has held that liability to pay interest under section 34 arises from the date of taking possession. 76. Thus, when the Act of 1894 provides the consequence of non-deposit in the in Court. In our opinion deposit in Treasury is permissible mode of deposit under the proviso to section 24(2) and within the purview of main section 24(2), the word "paid" could not have been taken to include the "deposit", it is contemplated in proviso only, and in case with respect to the "majority of holding" the amount is not deposited in the account of beneficiary/landowner in case award has been passed before five year or more then acquisition would not lapse however all beneficiary/landowners would become entitled to higher compensation as provided in the Act of 2013. The expression "deposited in the account of landowners" would not mean deposited in the court as envisaged in Section 31(2) of the old Act, action as permissible as per the financial instructions having statutory or administrative orders having force of law as well as under the Rules framed by various State Governments in e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... methods of performance are necessarily forbidden". There is no dispute with the said proposition, and the same has been followed by this Court umpteen number of times. However, the consistent practice that has been followed in land acquisition cases is that it is only when reference is sought, and the amount has not been paid for one or other reason as per section 31(2), that the amount is deposited in the court to which the reference would be submitted, and not otherwise. The action is as per rules. The amount of compensation, qua the incumbents/landowners who have not sought the reference, is ordinarily deposited in treasury, by opening accounts in their separate names; the same is apparent from the forms, rules framed under section 55 of 1894 Act and various statutory orders issued by various State Governments. Section 31(2) cannot be said to be covering all the exigencies of depositing amount. It was not necessary for various other exigencies to deposit the amount in the Court. Particularly in view of the Government rules and instructions in financial matters which were binding and consistently followed by making the deposit in treasury for more than 100 years since 1894. WHET ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition precedent to the interest's becoming a present estate other than the natural expiration of those estates that are prior to it in possession; and second, that it be theoretically possible to identify who would get the right to possession if the interest should become a present estate at any time." Thomas F. Bergin 8. Paul C. Haskell, Preface to Estates in Land and Future Interests 66-67 (2d ed. 1984)." In Webster's Dictionary, it is defined as: "vested adj. [pp. of vest] 1. Clothed; robed, especially in church vestments. 2. inlaw, fixed; settled; absolute; not contingent upon anything: as, a vested interest." 81(a). In State of Punjab v. Sadhu Ram, 1996 (7) JT 118, this Court has laid down that when possession is taken by the Government after passing of the award and compensation has been paid, right, title and interest of the owner stand extinguished. Government becomes absolute owner of the said land. No one can claim any title/equitable title by remaining in possession thereafter. This Court has observed: "3. The learned Judge having noticed the procedure prescribed in disposal of the land acquired by the Government for public purposes has held that the said p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purchaser has no right to challenge the legality of acquisition proceedings. This Court has laid down thus: "2. Shri P.P. Rao, learned senior counsel for the petitioner, contends that the petitioner had no knowledge of the acquisition proceedings; as soon as it came to know of the acquisition, it had challenged the validity of the acquisition proceedings and, therefore, it furnishes cause of action to the petitioner. He further contends that the writ petition could not be dismissed on the ground of laches but was required to be considered on merits. We find no force in the contention. Any encumbrance created by the erstwhile owner of the land after publication of the notification under Section 4(1) does not bind the State if the possession of the land is already taken over after the award came to be passed. The land stood vested in the State free from all encumbrances under Section 16. In Gunnukh Singh and Ors. v. The State of Haryana JT (1995) 8 SC 208, this Court has held that a subsequent purchaser is not entitled to challenge the legality of the acquisition proceedings on the ground of lack of publication of the notification. In Y.N. Garg v. State of Rajasthan [1996] 1 SCC 28 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ches the Court belatedly will be told that laches close the gates of the Court for him to question the legality of the notification under Section 4(1), declaration under Section 6 and the award of the Collector under Section 11." (emphasis supplied). 81(c). In Market Committee v. Krishan Murari (1996) 1 SCC 311 award was passed, possession was taken; it was observed that the land vests in the Government free from all encumbrances. In PuttuLal (dead) by LRs. v. State of U.P. & Anr. (1996) 3 SCC 99, possession had been taken and compensation paid to the owner. It was held that land vests in the State free from all encumbrances. Consequently, State becomes absolute owner and is entitled to file suit for possession. 81(d). The word "vest" has been considered by this Court in Fruit and Vegetable Merchants Union v. Delhi Improvement Trust, AIR 1957 SC 344, to mean that the property acquired becomes the property of the Government without any condition or limitation either as to title or possession. Thus when there is absolute vesting in the State it is vesting along with possession and thereafter a person who remains in possession is only a trespasser not in rightful possession. Vestin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... body or in a trust, do not necessarily mean that ownership has passed to any of them." 81(e). In Mosammat Bibi Sayeeda v. State of Bihar (1996) 9 SCC 516, the concept of "vest" has been discussed thus: "17. The word 'vested' is defined in Black's Law Dictionary (6th Edn.) at p. 1563 as: "Vested; fixed; accrued; settled; absolute; complete. Having the character or given the rights of absolute ownership; not contingent; not subject to be defeated by a condition precedent." Rights are 'vested' when right to enjoyment, present or prospective, has become property of some particular person or persons as present interest; mere expectancy of future benefits, or contingent interest in property founded on anticipated continuance of existing laws, does not constitute vested rights. In Webster's Comprehensive Dictionary, (International Edn.) at p. 1397 'vested' is defined as: "[L]aw held by a tenure subject to no contingency; complete; established by law as a permanent right; vested interests." In State of W.B. v. Suburban Agriculture Dairy & Fisheries (P) Ltd., the question was whether after the abolition of the estate under the West Bengal Estates Acquisition Act, 1953 (1 of 1954 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Uttar Pradesh (2011) 6 SCC 570, this Court has observed: "20. "The word 'vested' is defined in Black's Law Dictionary (6th Edition) at page 1563, as: vested; fixed; accrued; settled; absolute; complete. Having the character or given the rights of absolute ownership; not contingent; not subject to be defeated by a condition precedent.' Rights are 'vested' when right to enjoyment, present or prospective, has become property of some particular person or persons as present interest; mere expectancy of future benefits, or contingent interest in property founded on anticipated continuance of existing laws, does not constitute vested rights. In Webster's Comprehensive Dictionary (International Edition) at page 1397, 'vested' is defined as : Law held by a tenure subject to no contingency; complete; established by law as a permanent right; vested interest." (See Mosammat Bibi Sayeeda and Ors. etc. v. State of Bihar and Ors. etc. AIR 1996 SC 1936 at SCC p.527, para 17) 21. The word "vest" is normally used where an immediate fixed right in present or future enjoyment in respect of a property is created. With the long usage, the said word "vest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cisions which have been rendered inter se parties declining the challenge to land acquisition. It has been held in the previous judgments that the land is vested in the State and acquisition has been legally made and possession has been taken and such incumbents are responsible for not receiving compensation. Now those judgments are sought to be get rid of under the subsequent legislation, particularly under section 24 of the Act of 2013. 85. In relation to the maxim 'nemo debet bis vexari pro una et eadem causa', which means that it is a rule of law that a man should not be twice vexed for one and the same cause, Broom, in Legal Maxims, has discussed thus: "When a party to litigation seeks improperly to raise again the identical question which has been decided by a competent Court, a summary remedy may be found in the inherent jurisdiction which our Courts possess of preventing an abuse of process." Thus, the provisions of section 24 cannot be interpreted by ignoring and overlooking the previous verdicts. What has been held in them is binding and rights cannot be taken away. When issues raised within section 24 have already been decided and vesting has already taken place it i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cal' and 'actual' possession under Rules 35, 36, 95 and 96 of Order XXI of the CPC, is not necessary for the disposal of the present appeals' and we do not wish to subscribe to what has been said by our learned brother Untwalia, J., in that connection, nor do we wish to express our assent with the discussion of the various authorities made by him in his judgment. We think it is enough to state that when the Government proceeds to take possession of the land acquired by it under the Land Acquisition Act, 1894, it must take actual possession of the land since all interests in the land are sought to be acquired by it. There can be no question of taking 'symbolical' possession in the sense understood by judicial decisions under the CPC. Nor would possession merely on paper be enough. What the Act contemplates as a necessary condition of vesting of the land in the Government is the taking of actual possession of the land. How such possession may be taken would depend on the nature of the land. Such possession would have to be taken as the nature of the land admits of. There can be no hard and fast rule laying down what, act would be sufficient to constitute tak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd and it would be sufficient that symbolic possession is taken by preparing an appropriate document in the presence of independent witnesses and getting their signatures. Even subsequent utilization of a portion of acquired land for public purpose was still sufficient to prove taking possession. This Court in Banda Development Authority (supra) has considered various decisions and laid down thus: "37. The principles which can be culled out from the above-noted judgments are: i) No hard and fast rule can be laid down as to what act would constitute taking of possession of the acquired land. ii) If the acquired land is vacant, the act of the concerned State authority to go to the spot and prepare a panchnama will ordinarily be treated as sufficient to constitute taking of possession. iii) If crop is standing on the acquired land or building/structure exists, mere going on the spot by the concerned authority will, by itself, be not sufficient for taking possession. Ordinarily, in such cases, the concerned authority will have to give notice to the occupier of the building/structure or the person who has cultivated the land and take possession in the presence of independent wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch party but subject to Section 28A. Possession of the acquired land would be taken only by way of a memorandum, Panchanama, which is a legally accepted norm. It would not be possible to take any physical possession. Therefore, subsequent continuation, if any, had by the erstwhile owner is only illegal or unlawful possession which does not bind the Government nor vested under Section 16 divested in the illegal occupant. Considered from this perspective, we hold that the High Court was not justified in interfering with the award." 87(e). In Balmokand Khatri Educational and Industrial Trust v. State of Punjab (1996) 4 SCC 212 it was observed that it is difficult to take physical possession of land under compulsory acquisition. The normal rule of taking possession is drafting the Panchnama in the presence of Panchas, is accepted mode of taking possession of land. This Court observed: "4. It is seen that the entire gamut of the acquisition proceedings stood completed by April 17, 1976, by which date possession of the land had been taken. No doubt, Shri Parekh has contended that the appellant still retained their possession. It is now well-settled legal position that it is difficul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. That apart, it was humanly impossible to give notice to large number of persons on the same day and take actual possession of land comprised in various survey numbers (total measuring 214 Acres 5 Kanals and 2 Marlas)." This Court has laid down that since the land was lying fallow with no crop on it, the Tehsildar going on the spot and inspecting the land was enough to constitute taking possession. No notice was required to be given to the occupant of the land. 87(h). In Sita Ram Bhandar Society, New Delhi v. Lieutenant Governor, Government of NCT, Delhi & Ors. (2009) 10 SCC 501, this Court observed that when possession is to be taken of large tract of land then it is permissible to have possession by drawing Panchnama. 87(i). In Om Prakash Verma & Ors. v. State of Andhra Pradesh & Ors. (2010) 13 SCC 158, this Court observed: "85. As pointed out earlier, the expression `civil appeals are allowed' carry only one meaning, i.e., the judgment of the High Court is set aside and the writ petitions are dismissed. Moreover, the determination of surplus land based on the declaration of owners has become final long back. The notifications issued under Section 10 of the Act and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ossession is required to be taken and the court has seen the photographs to hold that possession was not taken. The view taken in Velaxan Kumar (supra) cannot be said to be correct and in accordance with law. Drawing of Panchnama is the accepted mode of taking possession and once Panchnama has been drawn in the presence of witnesses, in case Panchnama has been signed by official witnesses as to its correctness as there is presumption of correctness of the official act under section 114 of the Act of 2013. A photograph cannot show actual/ legal possession much less proof of possession as person may enter/re-enter by committing trespass to have photographed. That would not negate the proceedings held for taking possession and drawing panchnama. 87(l). In Raghbir Singh Sehrawat (supra) also the observations have been made that it was not possible to take possession of the entire land in a day, cannot be accepted. The State is not going to put their own persons/ police/ or other officials to possess the land. Thus the mode of taking possession by drawing Panchnama has been accepted in a large number of decisions, which appears to be the consistent view of this Court, and must prevail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a large tract of land, it would not be possible to take physical possession of each and every parcel of such land. Taking 'symbolic' possession, by preparing an appropriate document, in presence of independent witnesses, was sufficient. Where urgency clause was invoked and substantial portion of land was acquired or utilized in furtherance of the particular public purpose, taking of possession was presumed. Utilization of a major portion of acquired land for public purpose was itself sufficient to prove taking over possession. 89. We find that in Velaxan Kumar versus Union of India [(2015) 4 SCC 325], the Court held that Section 24(2) of the 2013 Act being a benevolent provision, even though possession had been taken, but if due procedure was not followed and, the photographs showed that the landowners were in possession, the proceedings would lapse. Such a view, in our opinion, is contrary to the settled law as referred to in Banda Development Authority (supra). The same will, accordingly, stand overruled. In Re: Question No.III : WHETHER SECTION 24 OF THE ACT OF 2013 REVIVES STALE/ BARREDCLAIMS? 90. In several cases, the challenge to the acquisition has become stale and othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. The Court's observations in Mahavir's case (supra) are extracted hereunder: "15. In U.P. State Jal Nigam & Anr. v. Jaswant Singh & Anr. (2006) 11 SCC 464 this court has observed that in determining whether there has been delay so as to amount to laches in case petitioner/claimant is aware of the violation of the right, where a remedy by his conduct tantamount to waiver of it or where, by his conduct or neglect, though not waiving the remedy, he has put the other party in a position in which it would not be reasonable to place him if the remedy were afterwards to be asserted. In such cases lapse of time and delay are most material. Upon these considerations rests the doctrine of laches. 16. The Constitution Bench of this court in Rabindranath Bose &Ors. v. Union of India &Ors. (1970) 1 SCC 84 has observed: "32 ...we are of the view that no relief should be given to petitioners who, without any reasonable explanation, approach this Court under Article 32 of the Constitution after inordinate delay. The highest Court in this land has been given Original Jurisdiction to entertain petitions under Article 32 of the Constitution. It could not have been the intention that this Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to termination, without going through the laborious process of seeking a reference under Section 10(1) of ID Act. The Legislative intent was not to revive stale or non-existing claims. Section 10(4A) clearly requires that a workman who wants to directly approach the Labour Court should do so within six months from the date of communication of the order. Then come the words "or the date of commencement of the Industrial Disputes (Karnataka Amendment) Act, 1987, whichever is later". The reason for these words is obvious. In cases where the cause of action arose prior to 7.4.1988, some additional time had to be provided to make the provisions effective. Let us take the example of a workman who had received the termination order on 10-10-1987. If Section 10(4A), which come into effect on 7.4.1988, had merely stated that the application had to be filed within six months from the date of communication, he had to file the application before 10-4-1988, that is hardly three days from the date when the amendment came into effect. The Legislature thought that workmen should be given some reasonable time to know about the new provision and take steps to approach the Labour Court. Therefore, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reference had arisen on the date of service of the award under Section 12(2) of the Act. Within 90 days from the date of the service of notice, the respondents made the application requesting the Deputy Commissioner to refer the cases to the Civil Court under Section 18. Under the amended sub-section 3(a)of the Act, the Deputy Commissioner shall, within 90 days from September 1, 1970 make reference under Section 18 to the Civil Court which he failed to do. Consequently, by operation of subsection 3(b) with the expiry of the aforestated 90 days, the cause of action had accrued to the respondents to make an application to the Civil Court with a prayer to direct the Deputy Commissioner to make a reference. There is no period of limitation prescribed in subsection 3(b) to make that application but it should be done within limitation prescribed by the Schedule to the Limitation Act. Since no Article expressly prescribed the limitation to make such application, the residuary article under Article 137 of the Schedule to the Limitation Act gets attracted. Thus, it could be seen that in the absence of any special period of limitation prescribed by clause (b) of subsection (3) of Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e for decades together. Such claims would not be revived after the person has slept over them; the courts must not condone sudden wakefulness from such slumber, especially in relation to claims over open pieces of land, and even houses/structures, when the person may have illegally reentered into the possession or may have committed trespass. Thus, for the aforesaid reasons, such claims cannot be entertained or adjudicated under section 24 of the 2013 Act. 98. In our considered opinion section 24 cannot be used to revive the dead or stale claims and the matters, which have been contested up to this Court or even in the High Court having lost the cases or where reference has been sought for enhancement of the compensation. Compensation obtained and still it is urged that physical possession has not been taken from them, such claims cannot be entertained under the guise of section 24(2). We have come across the cases in which findings have been recorded that by which of drawing a Panchnama, possession has been taken, now again under Section 24(2) it is asserted again that physical possession is still with them. Such claims cannot be entertained in view of the previous decisions in w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any substantial difference to the legal position with regard to the exclusion or inclusion of the period covered by an interim order of the Court and applicability of the principle of "actus curiae neminem gravabit" and its effect on Section 24(3) of Act of 2013. 102. In Yogesh Kumar & Ors. v. State of M.P., this Court has doubted the correctness of decision in Shree Balaji Nagar Residential Association (supra) in which this Court has observed: "11. From a plain reading of Section 24 of the 2013 Act, it is clear that Section 24(2) of the 2013 Act does not exclude any period during which the land acquisition proceedings might have remained stayed on account of stay or injunction granted by any Court. In the same Act, the proviso to Section 19(7) in the context of limitation for publication of declaration under Section 19(1) and the Explanation to Section 69(2) for working out the market value of the land in the context of delay between preliminary notification under Section 11 and the date of the award, specifically provide that the period or periods during which the acquisition proceedings were held up on account of any stay or injunction by the order of any Court be excluded i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the provisions of section 24(2) of the Act of 1894. A doubt has been expressed as to the correctness of the decision in Shree Balaji (supra) on the ground that it is an established principle of law that the act of court cannot be construed to cause prejudice to any of the contesting parties in litigation which is expressed in the maxim 'actus curiae neminem gravabit'. EFFECT OF INTERIM ORDER OF A COURT 103. It was contended on behalf of the landowners that there was interim stay only with respect to obtaining the possession and not with respect to payment of compensation. Thus compensation ought to have been paid. While raising aforesaid submission the basic concept of acquisition under 1894 Act is ignored and overlooked as right to receive compensation is a statutory right and that comes into being only when the Government takes possession of the property acquired. It is a 'right in debitum in praesenti', and not dependent on the quantum of the compensation, either by the Land Acquisition Officer under section 11 of the Act or by Court under section 26 of the Act of 1894. Section 17(1) also provides that compensation has to be offered when the possession is taken and in c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the appellants had not obtained any stay of the publication of the declaration but since the High Court in some of the cases has, in fact, prohibited them as extracted hereinbefore, from publication of the declaration, necessarily, when the Court has not restricted the declaration in the impugned orders in support of the petitioners therein, the officers had to hold back their hands till the matters are disposed of. In fact, this Court has given extended meaning to the orders of stay or proceeding in various cases, namely, Yusufbhai Noormohmed Nendoliya v. State of Gujarat and Anr. AIR1991SC2153;Hansraj Jain v. State of Maharashtra and Ors. (1993) 4 JT 360; Sangappa Gurulingappa Sajjan v. State of Kamataka and Ors. (1994) 4 SCC 145; Gandhi Grah Nirman Sahkari Samiti Ltd. Etc. Etc. v. State of Rajasthan and Ors.JT(1993) 3 194; G. Narayanaswamy Reddy (dead) by Lrs. and Anr. v. Govt. of Karnataka and Anr. JT (1991) 312 and Roshnara Begum Etc. v. U.O.I. and Ors.(1986) 1 apex Dec 6.The words "stay of the action or proceeding" have been widely interpreted by this Court and mean that any type of the orders passed by this Court would be an inhibitive action on the part of the authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs to the same expression appearing at two places in the same section. The words 'on the date of commencement of this Act' in relation to the pendency of the suit would mean 15th July 1972 as held in Om Prakash Gupta (supra) but the words 'from such date of commencement' appearing immediately thereafter in relation to the deposit to be made would have to be construed as the date of actual application of the act at a date subsequent to 15th July 1972. Ordinarily the rule of construction is that the same expression where it appears more than once in the same statute, more so in the same provision, must receive the same meaning unless the context suggests otherwise Besides, such an interpretation would render the use of prefix 'such' before the word 'commencement' redundant. Thirdly such an interpretation would run counter to the view taken by this Court in Atma Ram Mittal's case (supra) wherein it was held that no man can be made to suffer because of the court's fault or court's delay in the disposal of the suit. To put it differently if the suit could be disposed of within the period of ten years, the tenant would not be entitled to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the same is required to be taken into consideration by the appellate Court. In Shanti Devi (Smt) and another vs. Hukum Chand AIR 1996 SC 3525 this Court had occasion to interpret the substituted section 15 with which we are concerned and held that on a plain reading of section 15 it is clear that it has been introduced prospectively and there is no question of such section affecting in any manner the judgment and decree passed in the suit for pre-emption affirmed by the High Court in the second appeal. We are respectfully in agreement with the view expressed in the said decision and hold that the substituted Section 15 in the absence of anything in it to show that it is retrospective, does not affect the right of the parties which accrued to them on the date of suit or on the date of passing of the decree by the Court of the first instance. We are also of the view that present appeals are unaffected by change in law in so far it related to determination of the substantive rights of the parties and the same are required to be decided in light of law of preemption as it existed on the date of passing of the decree." (emphasis supplied) 105(f). In Dau Dayal v. State of Uttar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate has taken cognizance or not will depend on facts and circumstances of each case. A diligent complainant or the prosecuting agency which promptly files the complaint or initiates prosecution would be severely prejudiced if it is held that the relevant point for computing limitation would be the date on which the Magistrate takes cognizance. The complainant or the prosecuting agency would be entirely left at the mercy of the Magistrate, who may take cognizance after the limitation period because of several reasons; systemic or otherwise. It cannot be the intention of the legislature to throw a diligent complainant out of the court in this manner. Besides it must be noted that the complainant approaches the court for redressal of his grievance. He wants action to be taken against the perpetrators of crime. The courts functioning under the criminal justice system are created for this purpose. It would be unreasonable to take a view that delay caused by the court in taking cognizance of a case would deny justice to a diligent complainant. Such an interpretation of Section 468 of the Code of Criminal Procedure would be unsustainable and would render it unconstitutional. It is well s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oviso, the Ordinance has lapsed. It was also urged that it is a case of casus omissus as wherever the legislature wanted exclusion of stay period in section 19(7) of the Act of 2013, specific provision has been made for exclusion of the period spent during the currency of stay and injunction order. Section 19 of the new Act corresponds to section 6 of the Act of 1894. It was also urged that there is also a provision made in the Explanation appended to section 69(2) to exclude the period spent during the stay/injunction. Section 69 deals with determination of amount of compensation to be awarded and interest thereupon. 109. We have gone through the Minutes of the Parliamentary Committee; it has simply noted the views of the concerned Government/authorities. The report of the Standing Committee on rural development simply mentions in the recommendations that the Committee would like the Government to re-examine the issue as the acquisition, which has been made, should not lapse. Committee has noted the suggestions. Whether it was necessary to incorporate such a provision was not gone into by the Committee. Its recommendation is bald. Though the Ordinance had been promulgated, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aw that the Court cannot read anything into a statutory provision which is plain and unambiguous. A statute is an edict of the legislature. The language employed in a statute is the determinative factor of legislative intent. The first and primary rule of construction is that the intention of the Legislation must be found in the words used by the Legislature itself. The question is not what may be supposed and has been intended but what has been said. "Statutes should be construed not as theorems of Euclid". Judge Learned Hand said, "but words must be construed with some imagination of the purposes which lie behind them". (See Lehigh Valley Coal Co. v. Yensavage 218 FR 547). The view was reiterated in Union of India and Ors. v. Filip Tiago De Gama of Vedem Vasco De Gama (1990)1SCC277 . 13. In Dr. R. Venkatchalam and Ors. etc. v. Dv. Transport Commissioner and Ors. etc. [1977] 2 SCR 392 it was observed that Courts must avoid the danger of apriority determination of the meaning of a provision based on their own pre-conceived notions of ideological structure or scheme into which the provision to be interpreted is somewhat fitted. They are not entitled to usurp legislative function ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 57 where at p. 577 he also observed: "this is not a new problem, though our standard of drafting is such that it rarely emerges".] 16. The plea relating to applicability of the stare decisis principles is clearly unacceptable. The decision in K. Chinnathambi Gounder (supra) was rendered on 22.6.1979 i.e. much prior to the amendment by 1984 Act. If the Legislature intended to give a new lease of life in those cases where the declaration under Section 6 is quashed, there is no reason why it could not have done so by specifically providing for it. The fact that legislature specifically provided for periods covered by orders of stay or injunction clearly shows that no other period was intended to be excluded and that there is no scope for providing any other period of limitation. The maxim 'actus curiae neminem gravabit' highlighted by the Full Bench of the Madras High Court has no application to the fact situation of this case. 17. The view expressed in Narasimhaiah's case (supra) and Nanjudaiah's case (supra), is not correct and is over-ruled while that expressed in A.S. Naidu's case (supra) and Oxford's case (supra) is affirmed." In Padma Sundara Rao (su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd Edn.) p. 1147]. Such creditors, however, must be held to mean unsecured creditors. Principle of Crown debt as such pertains to the common law principle. A common law which is a law within the meaning of Article 13 of the Constitution is saved in terms of Article 372 thereof. Those principles of common law, thus, which were existing at the time of coming into force of the Constitution of India are saved by reason of the aforementioned provision. A debt which is secured or which by reason of the provisions of a statute becomes the first charge over the property having regard to the plain meaning of Article 372 of the Constitution of India must be held to prevail over the Crown debt which is an unsecured one. 10. It is trite that when a Parliament or State Legislature makes an enactment, the same would prevail over the common law. Thus, the common law principle which was existing on the date of coming into force of the Constitution of India must yield to a statutory provision. To achieve the same purpose, the Parliament as also the State Legislatures inserted provisions in various statutes, some of which have been referred to hereinbefore providing that the statutory dues shall b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, leads to inconsistency or injustice. In my opinion, the application of the maxim here would lead to inconsistency and injustice, and would make Section 14(1) of the Act of 1920 uncertain and capricious in its operation." (emphasis supplied) 116. In Assistant A.C.E., Calcutta versus National Tobacco Co. Ltd. of India Ltd, (1972) 2 SCC 560, it was held: "30. The question whether there was or was not an implied power to hold an enquiry in the circumstances of the case before us, in view of the provisions of Section 4 of the Act read with Rule 10-A of the Central Excise Rule, was not examined by the Calcutta High Court because it erroneously shut out consideration of the meaning and applicability of Rule 10A. The High Court's view was based on an application of the rule of construction that where a mode of performing a duty is laid down by law it must be performed in that mode or not at all. This rule flows from the maxim : "Expressio unius est exclusion alterius." But, as we pointed out by Wills, J., in Colquohoun v. Brooks (1888) 2 1. Q.B. D. 52 this maxim "is often a valuable servant, but a dangerous master ...." The rule is subservient to the basic principle that Courts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court but, undeterred by the same, fresh round of litigation is, thereafter, started again, with the cause again being agitated either by the same persons or by some other such purchasers. It has come to our notice that now, after the coming into force of the Act of 2013, unsavory attempts are being made to grossly misuse the process of law by moving such petitions, and asserting therein that though they themselves might not have accepted the compensation, and have refused to accept the same, but, since it has 'not been paid to them', by making deposit in court, or they have remained in the actual possession of the land, though Panchnama of taking possession might have been drawn, as such, land acquisition has lapsed. The aforementioned assertions are being made; notwithstanding even earlier judicial finding that possession had been taken by drawing Panchnama etc. If section 24 is interpreted in the method and manner so as to reopen all the cases, notwithstanding the fact that the land owners, or as the case may be their successors-in-interest are themselves responsible for not accepting or illegally refusing to accept the compensation, or that they have, in an illegal manner, re- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y available on 16.5.1995 after 3.15 P.M., after the Obituary Reference since admittedly the Chief Justice of the High Court had declared that "the Court shall not sit for the rest of the day" after 3.15 P.M. Law does not expect a party to do the impossible-Impossible nulla obligation est--As in the instant case, the election petition could not be filed on 16.5.1995 during the Court hours, as far all intent and purposes, the Court was closed on 16.5.1995 after 3.15 P.M." 119. In Mohd Gazi v. State of Madhya Pradesh (2000) 4 SCC 342 this court has laid down thus: "6. In the facts and circumstances of the case the maxim of equity, namely, actus curiae neminem gravabit - an act of the Court shall prejudice no man, shall be applicable. This maxim is founded upon justice and good sense which serves a safe and certain guide for the administration of law. The other maxim is, lex non cogit ad impossibilia - the law does not compel a man to do which he cannot possibly perform. The law itself and its administration is understood to disclaim as it does in its general aphorisms, all intention of compelling impossibilities, and the administration of law must adopt that general exception in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time, held that the maxim lax non cogit ad impossibilia applied, and Lindley, L.J., said: "We have to do with implied obligations, and I am not aware of any case in which an obligation to pay damages is ever cast by implication upon a person for not doing that which is rendered impossible by causes beyond his control". (emphasis supplied) 122. In HUDA v. Babeswar Kanhar (2005) 1 SCC 191 this court has held: "5. What is stipulated in Clause-4 of the letter dated 30.10.2001 is a communication regarding refusal to accept the allotment. This was done on 28.11.2001. Respondent No. 1 cannot be put to loss for the closure of the office of HUDA on 01.12.2001 and 02.12.2001 and the postal holiday on 30.11.2001. In fact he had no control over these matters. Even the logic of Section 10 of the General Clauses Act, 1897 can be pressed into service. Apart from the said Section and various provisions in various other Acts, there is the general principle that a party prevented from doing an act by some circumstances beyond his control, can do so at the first subsequent opportunity (see Sambasiva Chari v. Ramaswami Reddi (1898) (8) Madras Law Journal 265). The underlying object of the princi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asis supplied) 124. In Standard Chartered Bank v. Directorate of Enforcement, AIR 2005 (2) SC 2622, this court held that there is an acceptable legal maxim that law does not compel a man to do that which cannot possibly be performed "impotentia excusat legem". Basic principle of law is that law compels no impossibility. It was urged that in case the landowners create such circumstances, which renders impossible performance of the statutorily prescribed formalities, such landowners couldn't take advantage of their own act or wrong. 125. In our opinion, the maxims regarding the impossibility of performance of an act may not be strictly applicable, as acts, under section 31 or 24, were capable of being performed but authorities were disabled to perform them as no fault on their part. However, the effect of Court orders, or the conduct of the landowners/claimants/ beneficiaries, is required to be considered, it was not an 'impossibility' to perform the acts in question by their very nature but the aforesaid aspect is relevant and underlying principle of inability to perform has to be considered in the backdrop of fact whether it was in the control or capacity of authority to perform ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 128. Coupled with aforesaid maxim we have to consider applicability of maxim 'actus curiae neminem gravabit' to the question. In the book titled "Selection of Legal Maxims" by Herbert Broom, the author about the said maxim has observed: "This maxim "is founded upon justice and good sense; and affords a safe and certain guide for the administration of the law" (b). In virtue of it, where a case stands over for argument on account of the multiplicity of business in the Court, or for judgment from the intricacy of the question, the party ought not to be prejudiced by that delay, but should be allowed to enter up his judgment retrospectively to meet the justice of the case (c); and, therefore, if one party to an action die during a curia advisari vult, judgment may be entered nunc pro tunc, for the delay is the act of the Court, for which neither party should suffer(d)." 129. It is settled proposition of law that no litigant can derive the benefit of pendency of a case in a court of law. In case any interim order is passed during the pendency of litigation it merges in the final order. In case the case is dismissed the interim order passed during its pendency is nullified automati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the act of the court. Nor it was so contemplated by Section 24 of Act of 2013. It is not the policy of law that those who are litigating, obtained interim orders though ultimately their claim may not be tenable. Gain due to delay or tainted act is not permissible and sufferance of person who has abided by law is not permissible. The provisions of section 24 aim only at expeditious disposal of acquisition authorities, lethargy of authorities for five years or more is not tolerated by legislature the provision does not provide cover or protect such situation of pendency at litigation and does not confer rights on litigants. 131(a). This Court in GTC Industries Ltd. v. Union of India (1998) 3 SCC 376 has observed that while vacating stay it is court's duty to account for the period of delay and to settle equities, the court observed: "16. Section 11AA of the Central Excises and Salt Act, 1944 was added on 26th of May, 1995 by the Finance Act, 1995. This section provides, inter alia, for interest on delayed payment of duty. Where a person chargeable with duty determined under sub-section (2) of Section 11A fails to pay such duty within three months from the date of such determi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary to put a check on abuse of process of court. 131(e). In Amarjeet Singh v. Devi Ratan & Ors. (2010) 1 SCC 417 this Court in Ramakrishna Verma has held that no person can suffer from the act of court and unfair advantage of interim order must be neutralized, the court observed: "In Ram Krishna Verma v. State of U.P., this Court examined the similar issue while placing reliance upon its earlier judgment in Grindlays Bank Ltd. v. ITO, (1980) 2 SCC 191, and held that no person can suffer from the act of the Court and in case an interim order has been passed and the Petitioner takes advantage thereof and ultimately the petition is found to be without any merit and is dismissed, the interest of justice requires that any underserved or unfair advantage gained by a party invoking the jurisdiction of the Court must be neutralized." (emphasis supplied) 131(f). This Court has considered the maxim of 'actus curiae neminem gravabit' in Karnataka Rare Earth & Anr. v. Senior Geologist, Department of Mines & Geology & Anr. (2004) 2 SCC 783, it was emphasized that parties should be placed in the same position they would have been but for courts order and observed : "10. ....the doctrine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re being asked to pay any penalty or are being subjected to any penal action. It is not the case of the appellants that they are being asked to pay a price more than what they have realised from the exports or that the price appointed by the respondent State is in any manner arbitrary or unreasonable..........." (emphasis supplied) 131(g). The principle "Actus Curia Neminem Gravabit" is essence of administration of law and good sense. It has been considered in A.R. Antulay v. R.S. Nayak and Ors., AIR 1988 SC 1531 thus: "83. This case has caused us considerable anxiety. The appellant-accused has held an important position in this country, being the Chief Minister of a premier State of the country. He has been charged with serious criminal offences. His trial in accordance with law and the procedure established by law would have to be in accordance with the 1952 Act. That could not possibly be done because of the directions of this Court dated 16th February 1984, as indicated above. It has not yet been found whether the appellant is guilty or innocent. It is unfortunate, unfortunate for the people of the State, unfortunate for the country as a whole, unfortunate for the futu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his Court, even if there are any technicalities this Court should not feel shackled and decline to rectify that injustice or otherwise the injustice noticed will remain forever a blot on justice. It has been said long time ago that "Actus Curiae Neminem Gravabit"- an act of the Court shall prejudice no man. This maxim is founded upon justice and good sense and affords a safe and certain guide for the administration of the law. 104. This being the apex Court, no litigant has any opportunity of approaching any higher forum to question its decisions. Lord Buck-master in 1917 A.C. 170 stated: All rules of court are nothing but provisions intended to secure proper administration of justice. It is, therefore, essential that they should be made to serve and be subordinate to that purpose. this Court in Gujarat v. Ram Prakash [1970]2SCR875 reiterated the position by saying: Procedure is the handmaid and not a mistress of law, intended to subserve and facilitate the cause of justice and not to govern or obstruct it, like all rules of procedure, this rule demands a construction which would promote this cause. Once judicial satisfaction is reached that the direction was not open to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pter XXXVI thus presents the interplay of these three legal maxims. Provisions of this Chapter, however, are not interpreted solely on the basis of these maxims. They only serve as guiding principles." (emphasis supplied) 132. Landowners have also placed reliance on Suptd. of Taxes, Dhubri & Ors. v. Assam Jute Supply Ltd & Ors. (1976) 1 SCC 766: "17. The first contention on behalf of the State that it became impossible for the State to issue notice under Section 7(2) of the New Act within two years of the expiry of the period of return is unsound on principle and facts. The maxim lex non cogit ad impossibilia means that the law does not compel a man to do that which he cannot possibly perform. In the present appeals, the applications were moved in the High Court for stay of proceedings. The respondents challenged the validity of the Act, and, therefore, asked for an injunction restraining the State from taking proceedings under the Act. At no stage, did the State ask for variation or modification of the order of injunction. It is well known that if it is brought to the notice of a court that proceedings are likely to be barred by time by reason of any order of injunction or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nance from the facts. As is manifest, after the admissions were over as per the direction of this Court, the Appellants, who seemed to have resigned to their fate, woke up to have control over the events forgetting that the law does not assist the non-vigilant. One cannot indulge in luxury of lethargy, possibly nurturing the feeling that forgetting is a virtue, and thereafter, when the time has slipped through, for it waits for none, wake up and take shelter under the maxim "actus curiae neminem gravabit". It is completely unacceptable." The case pertains to lethargy that would depend on facts of a case to what extent benefit can be derived from legal principles. 134. An incumbent must succeed or fail in final decision in a pending litigation on what case he has set up in the petition. In case of possession has continued under the cover of the court's order or compensation could not be disbursed due to the courts order in our considered opinion the provision contained in Section 24 (2) cannot be invoked in such a situation, as such a situation is not covered under the provisions of section 24(2), as holding otherwise would amount to giving a litigant premium for his dilator ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eap fruits on the basis of possession on illegal basis without any right and often lis is filed in land acquisition cases one after the other and intendment of law is not to treat law-abiding incumbents differently. Operation of law and beneficial provisions of law in the Act of 2013 are not meant to benefit litigants and to permit them to reap the fruits of unworthy or frivolous litigation; and, if there is any merit in such a lis, the challenge therein must stand or fall on its own footing, irrespective of, and apart from, the coming into force of the 2013 Act. Litigation cannot be permitted to become lucrative industry for the unworthy litigant; it cannot be permitted to be device providing for fruits in respect of a meritless lis. 138. The maxims nullus commodum capere potest de injuria sua propria and actus curiae neminem gravabit etc. come into play while interpreting the provisions of section 24 including the principle of restitution. They are not excluded from the purview of section 24 of the Act of 2013. PRINCIPLE OF RESTITUTION 139. While construing provisions of section 24(2) applicable in case of lis, we have to keep in consideration the principle of restitution whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an order on par with a decree. The scope of the provision is wide enough so as to include therein almost all the kinds of variation, reversal, setting aside or modification of a decree or order. The interim order passed by the Court merges into a final decision. The validity of an interim order, passed in favour of a party, stands reversed in the event of final decision going against the party successful at the interim stage. Unless otherwise ordered by the Court, the successful party at the end would be justified with all expediency in demanding compensation and being placed in the same situation in which it would have been if the interim order would not have been passed against it. The successful party can demand (a) the delivery of benefit earned by the opposite party under the interim order of the court, or (b) to make restitution for what it has lost; and it is the duty of the court to do so unless it feels that in the facts and on the circumstances of the case, the restitution would far from meeting the ends of justice, would rather defeat the same. Undoing the effect of an interim order by resorting to principles of restitution is an obligation of the party, who has gain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt would not have so acted had it been correctly apprised of the facts and the law. The factor attracting applicability of restitution is not the act of the Court being wrongful or a mistake or error committed by the Court; the test is whether on account of an act of the party persuading the Court to pass an order held at the end as not sustainable, has resulted in one party gaining an advantage which it would not have otherwise corned, or the other party has suffered an impoverishment which it would not have suffered but for the order of the Court and the set of such party. The quantum of restitution, depending on the facts and circumstances of a given case, may take into consideration not only what the party excluded would have made but also what the party under obligation has or might reasonably have made. There is nothing wrong in the parties demanding being placed in the same position in which they would have been had the court not intervened by its interim order when at the end of the proceedings the court pronounces its judicial verdict which does not match with and countenance its own interim verdict. Whenever called upon to adjudicate, the court would act in conjunctio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Restatement of the Law of Restitution by American Law Institute (1937 American Law Institute Publishers, St. Paul) we get that a person is enriched if he has received a benefit and similarly a person is unjustly enriched if the retention of the benefit would be unjust. Now the question is what constitutes a benefit. A person confers benefit upon another if he gives to the other possession of or some other interest in money, land, chattels, or performs services beneficial to or at the request of the other, satisfies a debt or a duty of the other or in a way adds to the other's security or advantage. He confers a benefit not only where he adds to the property of another but also where he saves the other from expense or loss. Thus the word "benefit" therefore denotes any form of advantage (page 12 of the Restatement of the Law of Restitution by American Law Institute). 64. Ordinarily in cases of restitution, if there is a benefit to one, there is a corresponding loss to other and in such cases; the benefiting party is also under a duty to give to the losing party, the amount by which he has been enriched." (emphasis supplied) 140(c). In A. Shanmugam v. Ariya Kshatriya Rajakula ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est of justice requires that any undeserved or unfair advantage gained by a party invoking the jurisdiction of the court must be neutralised. It was further held that the institution of the litigation by it should not be permitted to confer an unfair advantage on the party responsible for it. In the light of that law and in view of the power under Article 142(1) of the Constitution this Court, while exercising its jurisdiction would do complete justice and neutralise the unfair advantage gained by the 50 operators including the Appellants in dragging the litigation to run the stage carriages on the approved route or area or portion thereof and forfeited their right to hearing of the objections filed by them to the draft scheme dated Feb. 26, 1959. 172. This Court in Kavita Trehan v. Balsara Hygiene Products (1994) 5 SCC 380 observed as under: The jurisdiction to make restitution is inherent in every court and will be exercised whenever the justice of the case demands. It will be exercised under inherent powers where the case did not strictly fall within the ambit of Section 144. Section 144 opens with the words "Where and in so far as a decree or an order is varied or reversed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsider that in such cases where Court finds that using the Courts as a tool, a litigant has perpetuated illegalities or has perpetuated an illegal possession, the Court must impose costs on such litigants which should be equal to the benefits derived by the litigant and harm and deprivation suffered by the rightful person so as to check the frivolous litigation and prevent the people from reaping a rich harvest of illegal acts through the Court. One of the aims of every judicial system has to be to discourage unjust enrichment using Courts as a tool. The costs imposed by the Courts must in all cases should be the real costs equal to deprivation suffered by the rightful person.' We approve the findings of the High Court of Delhi in the aforementioned case. 175. The High Court also stated: (Padmavati case [(2008) 154 DLT 411], DLT pp. 414-415, para 9) "9. Before parting with this case, we consider it necessary to observe that one of the main reasons for over-flowing of court dockets is the frivolous litigation in which the Courts are engaged by the litigants and which is dragged as long as possible. Even if these litigants ultimately loose the lis, they become the real victors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the writ is found, ultimately, devoid of any merit, shows that a frivolous writ petition had been filed. The maxim actus curiae neminem gravabit, which means that the act of the court shall prejudice no one, becomes applicable in such a case. In such a fact situation the court is under an obligation to undo the wrong done to a party by the act of the court. Thus, any undeserved or unfair advantage gained by a party invoking the jurisdiction of the court must be neutralised, as the institution of litigation cannot be permitted to confer any advantage on a suitor from delayed action by the act of the court...' 190. In consonance with the concept of restitution, it was observed that courts should be careful and pass an order neutralizing the effect of all consequential orders passed in pursuance of the interim orders passed by the court. Such express directions may be necessary to check the rising trend among the litigants to secure the relief as an interim measure and then avoid adjudication on merits. 191. In consonance with the principle of equity, justice, and good conscience judges should ensure that the legal process is not abused by the litigants in any manner. The court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ention of compelling impossibilities, and the administration of law must adopt that general exception in the consideration of particular cases. (See: M/s U.P.S.R.T.C. v. lmtiaz Hussein (2006 (1) 800 380), ShaikhSalim Haji Abdul Khayumsab v. Kumar and Ors. (2006 (1) SCC 46), Mohammod Gazi v. State of M.P. and others (2000(4) SCC 342) and Gursharan Singh v. New Delhi Municipal Committee (1996 (2) SCC 459)." (emphasis supplied) 141. The aforesaid legal exposition also makes it incumbent upon court not to confer benefit upon an unscrupulous litigant, not to confer undeserved gain, administration of land does not control performance of Act which is not possible, attempt to abuse legal provisions must be thwarted, prolonging of litigation by money power, dilatory tactics or otherwise not to confer benefit, person with merits in the case cannot succeed, perpetuation of illegality cannot be provided shelter by court to unjust enrichment to be saved, the doctrine of restitution compels court to not to provide benefit to such litigants of provisions of section 24 of Act of 2013. EFFECT OF REPEAL: 142. The Act of 2013 has repealed the Act of 1894. The repealing and saving is provided in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remedy may be instituted, or continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed. The provisions of section 6 clearly save such proceedings and pending litigation has to be decided only on the basis of 1894 Act except as provided specifically in Act of 2013. VARIOUS DECISIONS: 145(a). In Pune Municipal Corporation (supra), the High Court had quashed the notification issued under section 4 on 30.9.2004. Award was passed on 31.1.2008. Writ petitions were filed in the High Court which was allowed on the ground that for development of "forest garden" acquisition proceedings could not have been initiated without resolution of the General Body of the Corporation, not on the ground of section 24(2) of Act of 2013. There was non-compliance with section 7 and other statutory breaches. The special leave petitions were filed in this Court in the year 2008. During pendency, the Act of 2013 came into force and this Court has taken the view that expression "paid" used in section 24(2) shall carry dual meaning, i.e.it has been offered to the person interested and also that such compensation has been de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sited. The decisions are only authority with respect to payment of interest under section 34 read with section 31. In Prem Nath Kapur (supra), the main question was how the appropriation of amount deposited towards cost price, an additional amount of interest has to be made. In that context a three-Judge Bench of this Court had made the discussion. This Court also dealt with debtor's right to specify how appropriation to be made of money paid under section 60 of the Contract Act, 1872. The questions involved in the said cases were different. There was no such issue involved with regard to the meaning of the word "paid". The decision is only on liability to pay interest and is of no utility for interpretation of section 24(2) as to what is the meaning of the word "paid" did not arise for consideration in the said decisions. The provisions of section 24(2) used expression "paid" and "deposited" in different contexts at different places "paid" in the main section and "deposited" in proviso. Both are to be given the plain meanings and it is not open to the court to add or substitute any word in statute. As a matter of fact, the High Court had quashed acquisition in Pune Municipal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other reason, we are of opinion that law, as it stands, has to be examined. In Karnail Kaur (supra), reliance was mainly placed upon Shree Balaji Nagar Residential Association (supra), Pune Municipal Corpn. (supra), Bharat Kumar (supra) and Bimla Devi (supra), we have already discussed the matter following Pune Municipal Corporation (supra). Radiance Fincap Pvt. Ltd. & Ors. v. Union of India & Ors. (2015) 8 SCC 544 has also been pressed into service, it considered the second proviso to section 24(2) of the Ordinance that has lapsed. 145(i). In Working Friends Cooperative House Building Society Ltd. v. State of Punjab & Ors. (2016) 15 SCC 464 again the other decisions based on Pune Municipal Corporation (supra) referred to above have been followed. In Working Friends Cooperative House Building Society Ltd. (supra) compensation was not tendered to the appellant. When compensation was not tendered as per section 31, it could not be said that it was paid. To that extent there is no dispute with respect to applicability of section 24(2). Mere deposit in treasury or in court was not going to help the authorities as it was obligatory on them to have tendered the amount unless saved by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at a given decision is in disregard of the previous decisions of the Court itself, or that it was rendered in ignorance of the terms of an applicable statute or of a rule having the force of law. 147(a). In practice, per incuriam, is taken to mean per ignoratium, as observed by this Court in Mamleshwar Prasad v. Kanahaiya Lal, (1975) 2 SCC 232, thus: "5. A litigant cannot play fast and loose with the Court. His word to the Court is as good as his bond and we must, without more ado, negative the present shift in stand by an astute discovery of a plea that the earlier judgment was rendered per incuriam. 6. The wisdom which has fallen from Bowen, L.J. in Ex Parte Pratt 52 Q.B. 334, though delivered in a different context, has wider relevance to include the present position. The learned Lord Justice observed : "There is a good old-fashioned rule that no one has a right to conduct himself before a tribunal as if he accepted its jurisdiction, and then afterwards, when he finds that it has decided against him, to turn round and say, "You have no jurisdiction". 7. Certainty of the law, consistency of rulings and comity of courts- all flowering from the same principle-coverage to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tics and Chemicals Ltd., (1991) 4 SCC 139, as to per incuriam this court has observed: "40. 'Incuria literally means 'carelessness'. In practice per in curium appears to mean per ignoratium.' English Courts have developed this principle in relaxation of the rule of stare decisis. The 'quotable in law' is avoided and ignored if it is rendered, in ignoratium of a statute or other binding authority'. 1944 1KB 718 Young v. Bristol Aeroplane Ltd.. Same has been accepted, approved and adopted by this Court while interpreting Article 141 of the Constitution which embodies the doctrine of precedents as a matter of law. In Jaisri Sahu v. Rajdewan Dubey AIR (1962) SC 83 this Court while pointing out the procedure to be followed when conflicting decisions are placed before a bench extracted a passed from Halsbury's Laws of England incorporating one of the exceptions when the decisions of an appellate court is not binding." 147(d). In Municipal Corporation of Delhi v. Gurnam Kaur, (1989) 1 SCC 101, it was held that decision of ignorance of rule is per incuriam,the court has observed: "11. ....A decision should be treated as given per incur am when it is given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view has been expressed by the Division Bench making reference itself, as observed that upon reading the decision of this court in Union of India & Ors. v. Shivraj & Ors. (2014) 6 SCC 564, they have not found any view on the question arising namely whether the period during which interim stay has been enjoyed should be extended while considering the provisions of Section 24(2) of the Act of 2013. Division Bench of this court in order dated 12.1.2016, while making reference has rightly observed thus: "We have considered the views expressed in Sree Balaji Nagar Residential Association (supra) and Union of India &Ors. v. Shiv Raj and others (supra). At the outset, we clarify that upon reading the decision of the three Judge Bench of this Court in Union of India and other versus Shiv Raj and others, we do not find any view of the bench on the question arising, namely, whether the period during which the award had remained stayed should be excluded for the purposes of consideration of the provisions of Section 24(2) of the Act of 2013. Insofar as the decision of the coordinate bench of this Court in Sree Balaji Nagar Residential Association (supra) is concerned, having read and consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of taking possession or payment of compensation once the acquisition had been quashed. This court in Pune Municipal Corporation (supra) had not dwelled upon the merit of the decision of the High Court quashing the land acquisition and has outrightly decided the case on the basis of section 24(2). It obviously had no application to the fact situation of the case. As such a decision cannot be said to be an authority on the aforesaid. 152. With respect to the decision of this court in Pune Municipal Corporation (supra) we have given deep thinking whether to refer it to further Larger Bench but it was not considered necessary as we are of the opinion that Pune Municipal Corporation (supra) has to be held per incuriam, inter alia for the following reasons: 1. The High Court has quashed land acquisition, in Pune Municipal Corporation case (supra), as such provisions of section 24(2) of the Act of 2013 could not be said to be applicable. It was not surviving acquisition then compliance of section 24(2) by taking possession or by payment of compensation for five years or more did not arise as acquisition had been quashed by the High Court in 2008. 2. It was not held in Pune Munici ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... non deposit of amount under the provisions of Act of 1894 or Act of 2013. In this regard, the provision of section 77 and 80 relating to payment and deposit under Act of 2013 which corresponds to section 31 and 34 were not placed for consideration of this court while rendering the aforesaid decision. 11. The past practice for more than a century, of deposit in treasury, as per rules/ orders and decisions were not placed for consideration. It was not open to invalidate such deposits made in treasury without consideration of the provisions, prevailing practice, and decisions under the Act of 1894. The decision rendered in Pune Municipal Corporation (supra), which is related to Question No.1 and other decisions following, the view taken in Pune Municipal Corporation (supra) are per incuriam. The decision in Shree Balaji (supra) cannot be said to be laying down good law, is overruled and other decisions following the said decision to the extent they are in conflict with this decision, stand overruled. The decision in DDA v. Sukhbir Singh (supra) is partially overruled to the extent it is contrary to this decision. The decisions rendered on the basis of Pune Municipal Corporation ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2013. There is no conscious omission in section 24(2) for the exclusion of a period of the interim order. There was no necessity to insert such a provision. The omission does not make any substantial difference as to legal position. Q. No. V :- The principle of actus curiae neminem gravabit is applicable including the other common law principles for determining the questions under section 24 of the Act of 2013. The period covered by the final/ interim order by which the authorities have been deprived of taking possession has to be excluded. Section 24(2) has no application where Court has quashed acquisition. The questions referred to are answered accordingly. JUDGMENT Mohan M.Shantanagoudar, J. 1. The matter is referred to our Bench to answer the following questions: I Whether a deposit in the Treasury or with the Collector amounts to a payment of compensation under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the '2013 Act'), especially when the landowners have refused to accept compensation? ("Question No. 1") II Whether the conscious omission referred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Special Leave Petition remitted the matter to the High Court to file writ appeal under the provisions of the Madhya Pradesh UchchaNyayalaya (Khand NyaypeethKo Appeal) Adhiniyam, 2005. On 04.04.2007 the High Court again directed maintenance of status quo. The respondent therein filed an application raising the grounds for quashing acquisition proceedings under Section 24(2) of the 2013 Act. It was resisted by the IDA on the ground that the acquisition had been completed and the amount has been deposited with the Land Acquisition Collector; that the construction is substantially complete; if it is not completed in the remaining area, it will cause great hardship to the citizens and widening of road was necessary for smooth flow of traffic. The High Court by an order dated 03.11.2014 held that the acquisition proceedings had lapsed in view of the decisions of this Court in Pune Municipal Corporation (supra) and Sree Balaji (supra). On appeal to this Court, the matter has been referred to this Bench by an order of 07.12.2017 to consider the Question No. 1 as mentioned in paragraph 1 of this judgment. 4. It was submitted by the learned counsel for the State that there is a distinct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation in accordance with the provisions of this Act." This Court's interpretation of Section 24(2) of the 2013 Act has proceeded in the past by referring to certain provisions of the 2013 Act, including Sections 31 to 34 of the said Act which deal with payment of compensation & interest. Sections 31 to 34 read as follows: "31. Payment of compensation or deposit of same in Court. - (1) On making an award under section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next sub-section. (2) If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under section 18 would be submitted: Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided also that no person who has received t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he costs of such investments as aforesaid; (b) the costs of the orders for the payment of the interest or other proceeds, of the securities upon which such moneys are for the time being invested, and for the payment out of Court of the principal of such moneys, and of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants. 33. Investment of money deposited in other cases. -When any money shall have been deposited in Court under this Act for any cause other than mentioned in the last proceeding section, the Court may, on the application of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it may think proper, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as it may consider will give the parties interested therein the same benefit thereform as they might have had from the land in respect whereof such money shall have been deposited or as near thereto as may be. 34. Payment of interest - When the amount of such compensation is not paid or deposited on or before taking posses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "paid" used in this sub-section [sub-section (2) of Section 24]. If a literal construction were to be given, then it would amount to ignoring procedure, mode and manner of deposit provided in Section 31(2) of the 1894 Act in the event of happening of any of the contingencies contemplated therein which may prevent the Collector from making actual payment of compensation. We are of the view, therefore, that for the purposes of Section 24(2), the compensation shall be regarded as "paid" if the compensation has been offered to the person interested and such compensation has been deposited in the court where reference under Section 18 can be made on happening of any of the contingencies contemplated under Section 31(2) of the 1894 Act. In other words, the compensation may be said to have been "paid" within the meaning of Section 24(2) when the Collector (or for that matter Land Acquisition Officer) has discharged his obligation and deposited the amount of compensation in court and made that amount available to the interested person to be dealt with as provided in Sections 32 and 33." Pune Municipal Corporation (supra)relied on Prem Nath Kapur v. National Fertilizers Corporation of In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the Act and the law laid down in Prem Nath Kapur (supra). Hence, the judgment of the High Court is clearly erroneous and deserves to be set side." Pune Municipal Corporation (supra)has been followed in several subsequent cases, including the cases of Union of India v. Shiv Raj, (2014) 6 SCC 564, Karnail Kaur v. State of Punjab, (2015) 3 SCC 206, andRadiance Fincap (P) Ltd. v. Union of India, (2015) 8 SCC 544, wherein it has been held that the acquisition proceedings lapse when the compensation has been deposited with the Treasury or with the Revenue Department instead of deposited in Court. 8. This Court in Delhi Development Authority v. Sukhbir Singh, (2016) 16 SCC 258 conducted an incisive analysis of the Punjab Standing Order No. 28 of 1909, which directs that a deposit should be made in the Treasury in certain instances (discussed later in Paragraphs 13, 14 and 15). It held that a deposit in the Treasury is meant to satisfy Section 31(1), but Section 31(2) cannot be satisfied without a deposit in Court. If such deposit is not made in Court, the proceedings must necessarily lapse. The observation of the Court was, "In any case, such deposit in the treasury is referable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compensated with the amount of compensation duly determined under the Act. In case there is any dispute as to who is to be paid the amount, the same is to be deposited in Court in terms of Section 31 of the 1894 Act. In this case before us, the stand of the requisitioning authority, namely, Haryana Development Authority is that the money is ready with them and it is for the landowner to come and receive the payment. This stand is not permissible under the law. It is for the authorities concerned to pay the money and take the land and in case there is any dispute as to whom the money should be paid, then the same has to be deposited in Court." 11. Various High Courts have followed Pune Municipal Corporation (supra). The High Court of Punjab and Haryana in Maharana Pratap Charitable Trust v. State of Haryana (CWP No. 6860 of 2007) held that Section 24(2) applied even where landowners have refused to accept compensation. 12. As per Section 24(2) of the 2013 Act, the proceedings lapse in one of the following situations: (i) when possession is not taken (even if compensation is paid), or(ii) when compensation is not paid (even if possession is taken), or (iii) when neither compensati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uce unreasonable result is not be imputed to a statute if there is some other construction available. Where, to apply words literally would defeat the obvious intention of the legislation and produce a wholly unreasonable result, we must feed something to the provision so as to achieve the obvious intention and produce rational construction. 15. The 2013 Act as well as the 2013 Act use "tender", "payment", and "deposit" at different places in the enactments. Section 31(1) of the 2013 Act directs that the Collector "...shall tender payment..." and "...shall pay it to [the beneficiaries] unless prevented by some one or more of the contingencies mentioned in the next sub-section." Clearly, tender and payment are two different terms. However, "payment" has been treated similarly to "deposit" within Section 24(2) itself, as well as in other provisions. A plain reading of sub-section 2 of Section 24 of the 2013 Act discloses that in case either the physical possession of the land has not been taken, or the compensation has not been paid, the acquisition proceedings shall be deemed to have lapsed. However, the proviso to sub-section 2 of Section 24 emphasizes that after the award is ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sub-section 2 of Section 24 would become otiose. It is well settled that no provision under the act can be rendered nugatory or otiose. 16. Section 31 of the 2013 Act is akin to Section 77 of the 2013 Act. Of course, under Section 77 of the 2013 Act, the legislature has gone a step further and has mandated the Collector to pay the compensation awarded by him to the persons interested by depositing the amount in their bank accounts unless prevented by some or more contingencies provided under sub-section 2. Under Section 80 of the 2013 Act, which is akin to Section 34 of the 1894 Act, the Collector shall pay the amount awarded with interest thereon at the rate of 9% or 15%, as the case may be, in case the amount of such compensation is not paid or deposited on or before taking possession of the land. Thus, it is clear that Section 80 also recognises deposit of compensation as being equivalent to payment of compensation. Even under Section 34 of the 2013 Act, the land loser will be entitled to compensation with interest at the rate of 9% or 15%, as the case may be, in case the compensation is not paid or deposited on or before taking possession of the land. Thus, the word "deposit" ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the 1894 Act, various States, such as, Assam, Bihar, Orissa, Kerala, West Bengal, Delhi and Punjab have framed rules to govern the mode of payment of compensation. All of them provide for deposit into the Treasury in case the landowners are not present to receive the compensation, along with the notice to such landowners apprising them of such deposits. It appears that the Court in the case of Pune Municipal Corporation(supra) did not consider such rules passed by the States that direct the deposit of unclaimed compensation in the Treasury. Extracts from these rules that permit deposit in the Treasury, along with the requirement of notice of such deposits are furnished below: 19. The Assam Govt. Notification No.1211-R., dated April 19, 1932, reads as follows, "9. In giving notice of the award under Section 12(2) and tendering payment under section 31(1), to such of the persons interested as were not present personally or by their representatives when the award was made, the Collector shall require them to appear personally or by representatives by a certain date, to receive payment of the compensation awarded to them intimating also that no interest will be allowed to them, if t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as revenue deposits payable to the persons to whom they are respectively due, and vouched for in form E. The officer shall also give notice to the payees of such deposits, specifying the Treasury in which the deposits have been made. ......." The West Bengal Notification No.29 T.R., dated April 24, 1895 reads as follows: "10. In giving notice of the award under Section 31(1) to such of the persons interested as were not present personally or by their representatives when the award was made, the officer shall require them to appear personally or by representatives by a certain date, to receive payment of the compensation awarded to them, intimating also that no interest will be allowed to them, if they fail to appear. If they do not appear and do not apply for reference to the Civil Court under Section 18, the officer shall, after any further endeavour to secure their attendance that may seem desirable, cause the amounts due to be paid into the Treasury as revenue deposits payable to the persons to whom they are respectively due, and vouched for in the accompanying form (not given here). The officer shall also give notice to the payees of such deposits, specifying the Treasury i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... residuary mode of payment after efforts as per Rules have been made by the authorities to secure the attendance of the person entitled to compensation. The existence of such express provision in the rules, and the fact that this Court did not consider any of these rules in Pune Municipal Corporation (supra), had led to a unique situation where the rules are seemingly not in conformity with the meaning given to Section 24(2) of the 2013 Act and Section 31(2) of the 1894 Act by this Court in Pune Municipal Corporation (supra). While Pune Municipal Corporation (supra) held that all unaccepted compensation must necessarily be deposited in Court for the acquisition to remain valid, the States have made rules for unaccepted compensation to be deposited in the Treasury as revenue deposits. On a combined reading of the two statutes and the State Rules, it is clear that a deposit in the Treasury is not made illegal or impermissible. In fact, deposits in the Treasury are allowed as a valid means of payment by these State Rules. The State Rules provide for deposits in the Treasury as revenue deposits when the landowners do not appear on the notified date to collect their compensation. 22. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompensation has not been paid or deposited on time in Court, the Collector is liable to pay interest to the landowners as per Section 34. It stated thus, "5. It cannot be gainsaid that interest is due and payable to the landowner in the event of the compensation not being paid or deposited in time in Court. Before taking possession of the land, the Collector has to pay or deposit the amount awarded, as stated in Section 31, failing which he is liable to pay interest as provided in Section 34. xxx xxx xxx 7. We make it clear that insofar as the landowner is concerned, his right to be compensated is enforceable against the State. It is the liability of the Collector in terms of the relevant provisions to pay the amount awarded, together with interest in the event of the amount not being paid in time. The liability of the appellant-Trust arising under its agreement with the Government for payment in respect of the property acquired is a matter on which we express no view." 26. In Jogesh Chandra v. Yakub Ali, 29 IC 111 (Cal), where there was a dispute of title over the land between a landlord and his alleged tenant, the Collector mistakenly paid the entire land acquisition compe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Treasury. It is merely a matter of procedure as to where the landowners who do not appear on the appointed date, or the landowners who refuse to receive compensation, shall take their compensation from the Treasury. 29. The objective of directing a deposit of compensation in Court in the 1894 Actwas to prevent unnecessary prolongation of the proceedings, and accumulation of the Collector's liability to pay interest under Section 34, when compensation is not paid or deposited on or before taking possession. The landowners cannot take advantage of their own act of refusing to receive compensation, and contend that compensation has never been paid to them, when it has actually been deposited in the Treasury. Once the State deposits the money in the Treasury, it has shown its bona fide intention to go through with the acquisition and give the beneficiaries their due compensation. In such a case, it can hardly be punished with a lapse, except that it is liable to pay interest as prescribed under the Act. Moreover, as discussed in the preceding paragraph, practical considerations make it clear that the Collector may not be able to individually reach out to thousands of claimants and pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Courtdid not follow the decision of co-ordinate Benches which were opposed to the decision of an earlier Constitution Bench. The doctrine of per incuriam was explained as follows: "128. Now we deem it imperative to examine the issue of per incuriam raised by the learned counsel for the parties. In Young v. Bristol Aeroplane Company Limited (1944) All ER 293 the House of Lords observed that 'incuria' literally means 'carelessness'. In practice per incuriam appears to mean per ignoratium. English courts have developed this principle in relaxation of the rule of stare decisis. The 'quotable in law' is avoided and ignored if it is rendered in ignoratium of a statute or other binding authority. The same has been accepted, approved and adopted by this court while interpreting Article 141 of the Constitution which embodies the doctrine of precedents as a matter of law." 35. In my considered opinion, the judgment in Pune Municipal Corporation (supra) was not rendered per incuriam, as the conclusion is reached by proceeding in detail on the interpretation of relevant statutory provisions. However, we may not agree with the reasons assigned and conclusions arrived ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nother coordinate bench of the same court. The rule of precedent is binding for the reason that there is a desire to secure uniformity and certainty in law. Thus, in judicial administration precedents which enunciate the rules of law form the foundation of the administration of justice under our system. Therefore, it has always been insisted that the decision of a coordinate bench must be followed. (Vide: TribhovandasPurshottamdas Thakkar v. Ratilal Motilal Patel. AIR 1968 SC 372, Sub-Committee of Judicial Accountability v Union of India. (1992) 4 SCC 97, and State of Tripura v. Tripura Bar Association (1998) 5 SCC 637. 18. In Rajasthan Public Services Commission v. Harish Kumar Purohit (2003) 5 SCC 480, this Court held that a Bench must follow the decision of a coordinate Bench and take the same view as has been taken earlier. The earlier decision of the coordinate Bench is binding upon any latter coordinate Bench deciding the same or similar issues. If the latter Bench wants to take a different view that that taken by the earlier Bench, the proper course is for it to refer the matter to a larger Bench." For this reason, the Question No. 1 may be referred to a larger bench. II ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation. The Court could not supply casus omissus, as the intention of the Legislature in omitting it was evident. While it amended other provisions to exclude stay period, it did not amend Section 24(2) of the 2013 Act. 44. On the other, it was submitted by the learned counsel on behalf of the State that period of interim stay ought to be excluded from the calculation of five years under Section 24(2) of the 2013 Act. As it was not an intentional omission of the Legislature, the Court could supply meaning to the provision to make it consistent with the rest of the statute. 45. A two-Judge bench of this Court in Sree Balaji (supra)held that casus omissus could not be supplied to Section 24(2) of the 2013 Act, as the Legislature has amended other Sections in the same Act to exclude period of stay by the Court, while leaving Section 24(2) intact. It observed as follows: "11. From a plain reading of Section 24 of the 2013 Act it is clear that Section 24(2) of the 2013 Act does not exclude any period during which the land acquisition proceeding might have remained stayed on account of stay or injunction granted by any court. In the same Act, the proviso to Section 19(7) in the contex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regarding re-writing of statute and casus omissus need careful consideration. It is well settled principle in law that the Court cannot read anything into a statutory provision which is plain and unambiguous. A statute is an edict of the legislature. The language employed in a statute is the determinative factor of legislative intent. The first and primary rule of construction is that the intention of the Legislation must be found in the words used by the Legislature itself. The question is not what may be supposed and has been intended but what has been said. "Statutes should be construed not as theorems of Euclid". Judge Learned Hand said, "but words must be construed with some imagination of the purposes which lie behind them". (See Lenigh Valley Coal Co. v. Yensavage 218 FR 547). The view was reiterated in Union of India v. Filip Tiago De Gama of Vedem Vasco De Gama (AIR 1990 SC 981). 13. In Dr. R Venkatchalam vs. Dy. Transport Commissioner (1977) 2 SCC 273 it was observed that Courts must avoid the danger of apriori determination of the meaning of a provision based on their own pre-conceived notions of ideological structure or scheme into which the provision to be interpr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... violence to the words" and so achieve that obvious intention and produce a rational construction. [Per Lord Reid in Luke v. I.R.C. (1963 AC 557) where at p. 577 he also observed: "this is not a new problem, though our standard of drafting is such that it rarely emerges".] 16. The plea relating to applicability of the stare decisis principles is clearly unacceptable. The decision in K ChinnathambiGounder v. State of Tamil Nadu [AIR 1980 MAD 251]was rendered on 22.6.1979 i.e. much prior to the amendment by the 1984 Act. If the Legislature intended to give a new lease of life in those cases where the declaration under Section 6 is quashed, there is no reason why it could not have done so by specifically providing for it. The fact that legislature specifically provided for periods covered by orders of stay or injunction clearly shows that no other period was intended to be excluded and that there is no scope for providing any other period of limitation. The maxim 'actus curia neminemgravibit' highlighted by the Full Bench of the Madras High Court has no application to the fact situation of this case." (emphasis supplied) The reasoning in Padma Sundara Rao (supra) regardi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be counted or not, it should be clarified that it will apply only to cases where awards were passed under Section 11 of the Land Acquisition Act, 1894, 5 years or more prior to 1.1.2014 as specified in Section 24(2) of the Act, to avoid any ambiguity.Since this legislation has been passed with the objective of benefiting the land-losers, this interpretation is consistent with that objective and also added as a matter of abundant caution that the period spent in litigation challenging an award cannot be excluded for the purpose of determining whether the period of five years has elapsed or not. If the possession has not been taken or compensation has not been paid due to the challenge to the land acquisition proceedings, the pendente lite period will be included to determine the five year period and including such period if the award was made five years or more prior to the commencement of the Act, then the said acquisition proceedings will be deemed to have elapsed and fresh proceedings, if so desired, will have to be initiated in accordance with the new Act." 26. The objects and reasons of the 2013 Act and particularly Clause 18 thereof fortify the view taken by this Court in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order regarding possession of the land granted by any court. It was conclusively held that the Legislature has consciously omitted to extend the period of five years indicated in Section 24(2) of the 2013 Act, even if the proceedings had been delayed on account of an order of stay or injunction granted by a court of law or for any reason." 49. Various High Courts have followed suit, such as the High Court of Punjab and Haryana in Maharana Pratap Charitable Trust (supra) wherein it held that the principle of "actus curiae neminemgravabit" has no application to the provisions of Section 24(2) of the 2013 Act and as per the law laid down by the Supreme Court in Shiv Raj, Pune Municipal Corporation and Sree Balaji Nagar Residential Association, the period of stay granted by the Courts is not to be excluded for determining the period of 5 years under Section 24(2) of the 2013 Act. 50. In my opinion, all these cases which followed Sree Balaji (supra) require to be revisited.It is not a wilful decision by the State to delay taking possession - it has to abide by the interim orders of the Court. Interpreting the omission as referred to in paragraph 11 of Sree Balaji (supra) to mean a def ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est ceases with the deposit made as per Section 34 of the Act. Further liability would arise only when the court on reference under Section 18 enhances the compensation under Section 28 of the Act. Similarly, in an appeal under Section 54 of the Act if the appellate court further increases the compensation, then again similar obligation under Section 28 arises." (emphasis supplied) Clearly, stay orders by the Court constrain the State from continuing with the acquisition proceedings. It may also lead to consequences of contempt, as in Magnum Promoters (supra). In such a situation, the legal position on the exclusion or inclusion of the period of stay in Section 24(2) of the 2013 Act cannot be readily inferred to be against the State due to the omission of the Legislature. 52. As mentioned supra, Sree Balaji (supra) has ruled that casus omissus cannot be supplied to the provision in question. The decision in Sree Balaji (supra) has relied on Padma Sundara Rao (supra). However, the reason for not supplying casus omissus was different in that case.In Padma Sundara Rao (supra), the language of Section 6(1) and its proviso are such, that it would make it difficult to have any distinc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here are adequate grounds to justify the inference that the legislature intended something which it omitted to express. Lord Mersey said: 'It is a strong thing to read into an Act of Parliament words which are not there, and in the absence of clear necessity it is a wrong thing to do.' 'We are not entitled,' said Lords Loreburn L.C., 'to read words into an Act of Parliament unless clear reason for it is to be found within the four corners of the Act itself.' A case not provided for in a statute is not to be dealt with merely because there seems no good reason why it should have been omitted, and the omission in consequence to have been unintentional." In regard to the latter principle the following statement of law appears in Maxwell at page 47: A statute is to be read as a whole-"It was resolved in the case of Lincoln College [(1595) 3 Co. Rep. 58b, at p. 59b] that the good expositor of an Act of Parliament should 'make construction on all the parts together, and not of one part only by itself.' Every clause of a statute is to 'be construed with reference to the context and other clauses of the Act, so as, as far as possible, to make a consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or ambiguous, the same needs to be clarified for bringing the meaning of the said provision consistent with the rest of the Act, if need be, by supplying meaning to such provision. In the present case, there are many provisions in the 2013 Act which exclude periods of interim stay, such as Section 19(7) and the Explanation to Section 69(2) of that Act. It only makes the statute more consistent if Section 24(2) is read in light of other provisions such as Section 19(7) and the Explanation to Section 69(2), which make interim stay orders exceptions to calculating periods of time under the Act. In this way, repugnancy and inconsistency with the rest of the statute is avoided. There is a clear necessity to read the exclusion of interim stay into Section 24(2) of the 2013 Act so as to make its meaning consistent with the rest of the enactment, where in similar situations the periods of stay are excluded. 57. As has been held by this Court in Amarjeet Singh v. Devi Ratan (2010) 1 SCC 417, no litigant can derive any benefit from mere pendency of the case in a Court of Law, as the interim order always merges into the final order to be passed in the case and if the writ petition is ultimat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to ten years or more before the case passes through the Single Judge of the High Court, the Division Bench of the High Court, and finally the Supreme Court, or even sent back to the High Court to be decided afresh on some point. It may well be years before possession is taken and compensation is paid to the landowners. As stated earlier, the State is precluded from taking possession for no fault of its own. 60. Failing to supply casus omissus will lead to a situation where the acquisition proceedings will lapse solely to the detriment of the State due to an act of the party to the litigation and at the intervention of the Court, namely an order of interim stay. Large amounts of public money will go to waste in keeping the proceedings pending. While the Act is admittedly a beneficial legislation, it cannot be that the landowners cause a validly initiated acquisition to lapse by filing cases and continuously delaying acquisition or legal proceedings. Justice must be done to all parties to litigation. It will not serve the purpose of the enactment if the State is stopped from completing the acquisition for no mistake of its own, while certain opportunistic litigants seek to frustr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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