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Indore Development Authority Versus Shailendra (Dead) Through Lrs. And Ors. And Yogesh Kumar And Ors. Versus State of Madhya Pradesh And Ors.

2018 (2) TMI 651 - SUPREME COURT OF INDIA

Interpretation of section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and section 31 of the Land Acquisition Act, 1894 - 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 especially when the landowners have refused to accept compensation? - Held that .....

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Corporation (2014 (1) TMI 1643 - Supreme Court Of India) is not rendered in per incuriam. - In view of the above, the judgment in Pune Municipal Corporation (supra) may have to be reconsidered by a larger bench, inasmuch as Pune Municipal Corporation (supra) was decided by a bench of three judges. The Registry is directed to place the papers before the Hon’ble Chief Justice of India for appropriate orders. - Whether the conscious omission referred to in paragraph 11 of the judgment in Sr .....

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legal position with regard to the exclusion or inclusion of the period covered by an interim order of the Court for the purpose of determination of the applicability of Section 24(2) of the 2013 Act. In fact, excluding such periods of interim stay from the calculation of the time period of five years under S. 24(2) makes a reading of the Act more consistent. - Whether the principle of “actus curiae neminemgravabit”, namely act of the court should not prejudice any parties would be applicable .....

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contemplated in Section 24(2) of the 2013 Act. - Civil Appeal No.20982 of 2017, Special Leave Petition (c) No.10742 of 2008 - Dated:- 8-2-2018 - ARUN MISHRA, ADARSH KUMAR GOEL And MOHAN M. SHANTANAGOUDAR SPECIAL LEAVE PETITION (C) No.20920 OF 2011, SPECIAL LEAVE PETITION (C)Nos.26574-26575 OF 2011, SPECIAL LEAVE PETITION (C)No.28993 OF 2011, SPECIAL LEAVE PETITION (C)No.30198 OF 2015, SPECIAL LEAVE PETITION (C)No.30192 OF 2015, SPECIAL LEAVE PETITION (C)No.30142 OF 2015, SPECIAL LEAVE PETITION ( .....

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LEAVE PETITION (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 .....

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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 OF 2017, SPECIAL LEAVE PETITION (C) No.17324 OF 2016, SPECIAL LEAVE PETITION (C) No.38368 OF 2016, SPECIAL LEAVE PETITION (C) No.5182-5184 OF 2017, SPECIAL LEAVE PETITION (C) No.23846 OF 2016, SPECIAL LEAVE PETITION (C) No.23097 OF 2016, SPECIAL LEAVE PETITION (C) No.19804-19805 OF 2016, SPE .....

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ur Bhalla, Adv., Mr.Hemant Gupta, Adv., Mr.Tarun Kumar, Adv., Mr.Amit Kumar, Adv., Mr.Ashwani Kumar, Adv., Mr.Jay Kumar Bhardwaj, Adv., Mr.Ravinder Nain, Adv., Mr.Birendra Kumar Choudhary, AAG, Mr.Sanjay Kumar Visen, Adv., Dr.M.S.Verma, Adv., Ms.Shashi Singh, Adv., Ms.Ranjana Vohra, Adv., Ms.Alpana Malik, Adv., Mr.Anish Kumar Gupta, AAG, Mr.Ajay Bansal, AAG, Mr.Gaurav Yadava, Adv., Ms.Veena Bansal, Adv., Mr.Avdhesh Kumar Singh, Adv., Mr.Chandra Shekhar Suman, Adv., Mr.R.K.Rajwanshi, Adv., Ms.Dee .....

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, Adv., Ms.Anzu K.Varkey, Adv., Mr.Sudhanshu S. Choudhary, Adv., Ms.Surabhi Guleria, Adv., Mr.Shakeel R. Ghatole, Adv., Ms.Pushapa Devi Sikri, Adv., Mr.A.Tewari, Adv., Ms.Eliza Bar, Adv., Mr.Shree Pal Singh, Adv. , Mr.Siddharth Jain, Adv., Mr.Ravinder Kumar, Adv., Ms.Monika Gusain, Adv., Mr.Daya Krishan Sharma, Adv., Mr.Rohit Vats, Adv., Ms.Monika Sharma, Adv., Mr.Gagan Gupta, Adv., Ms.Rachana Srivastava, Adv., Mr.Rajvinder Singh Gupta, Adv., Mr.Hitesh Kumar Sharma, Adv., Mr.S.K.Rajora, Adv., Mr .....

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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 ) an .....

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eposit of compensation in court under section 31(2) of the Act of 1894 results into a lapse of acquisition under section 24(2) of the Act of 2013. What are the consequences of non-deposit in Court especially when compensation has been tendered and refused under section 31(1) of the Act of 1894 and section 24(2) of the Act of 2013? Whether such persons after refusal can take advantage of their wrong/conduct? II. Mode of taking physical possession as contemplated under section 24(2) of the Act of .....

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principle of actus curiae neminem gravabit , namely act of the Court should not prejudice any parties would be applicable in the present case to exclude the period covered by an interim order for the purpose of determining the question with regard to taking of possession as contemplated in Section 24(2) of the 2013 Act? In Re: Question No.1 3. Question that has been referred in as to meaning of the expression paid' used in section 24 of Act of 2013 and expression tender' used in section .....

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same. SCHEME OF ACT & RELEVANT PROVISIONS : 5. After notification under section 4 and declaration under section 6 have been issued under the Act of 1894, the Collector is required to proceed to pass 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 .....

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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 Collector, though no such award has been made, may, on the expiration of fifteen days from the publication o .....

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r ghat station, or of providing convenient connection with or accesses to any such station, [or the appropriate Government considers it necessary to acquire the immediate possession of any land for the purpose of maintaining any structure or system pertaining to irrigation, water supply, drainage, road communication or electricity,] the Collector may immediately after the publication of the notice mentioned in sub-section (1) and with the previous sanction of the [appropriate Government], enter .....

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ence. (3) In every case under either of the preceding sub-sections the Collector shall at that time of taking possession offer to the persons interested compensation for the standing crops and trees (if any) on such land and from any other damage sustained by them caused by such sudden dispossession and not excepted in section 24; and, in case such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed for in awarding compensation for the la .....

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ented, 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 fro .....

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n 4, sub-section (1). (emphasis supplied) Before taking possession of the land, it is necessary under Section 17(3A) to tender payment of 80% compensation unless prevented by some one or more of the contingencies mentioned in sub-section (2) of section 31, and where the Collector is so prevented, the provisions of section 31(2), except the second proviso, shall apply as they apply to the payment of compensation under that section. As required under section 17(3A) and section 17(3B), the amount p .....

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ere can be a reference to the court; its scope is confined to any dispute arising as to the apportionment of the amount of compensation or any part thereof, or as to the persons to whom the same or any part thereof is payable. In a reference under section 30, measurement of land and quantum of compensation cannot be questioned. There is a limitation for reference under section 18(2); whereas, the limitation is not prescribed in the Act of 1894 for seeking reference under section 30. 7. There is .....

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erson is not satisfied with the re-determination so made under section 28A(2), he can seek a reference to court under section 28A(3). 8. The payment of compensation and deposit of it in Court is dealt with in Part V of the Act of 1894, in section 31. Section 31 is extracted hereunder: 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 a .....

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n 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 anyth .....

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e construed to interfere with or limit the power of the Collector to enter into any arrangement with any person interested in the land and competent to contract in respect thereof. 9. The provision of section 31(2) makes it clear that only in the exigencies as provided in section 31(2), the amount has to be deposited in reference court, not in all exigencies. As discussed hereinafter rules framed under section 55 provide that in case a person seeks no reference and he refuses to accept the compe .....

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ion 31 deals with "payment", whereas, sub-section (2) of section 31 deals with "deposit" of the amount of compensation in court in certain contingencies. "Payment" of compensation is differently dealt with in section 31(1), and "deposit" is separately dealt with in section 31(2) of the Act of 1894. Section 31(1) provides tender of the amount to be the mode to pay. The provisions of sub-section (1) deal with payment, and sub-section (2) of section 31 deals .....

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e compensation 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 prov .....

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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 invested in the purchase of another land to be held under the like title and conditions of ownership, as the land, in respect of which, such money shall have been deposited, was held, or if such purchase cannot be effected forthwith, money can be invested in Government or other approved securities .....

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ent of money deposited in respect of lands belonging to persons incompetent to alienate. - (1) If any money shall be deposited in Court under sub-section (2) of the last preceding section and it appears that the land in respect whereof the same was awarded belonged to any person who had no power to alienate the same, the Court shall- (a) order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such m .....

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s as aforesaid; or (ii) in payment to any person or persons becoming absolutely entitled thereto. (2) In all cases of money deposited to which this section applies the Court shall order the costs of the following matters, including therein all reasonable charge and expenses incident thereon, to be paid by the Collector, namely: - (a) the 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 a .....

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he 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. .....

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nd, the Collector shall pay the amount awarded with interest thereon at the rate of (nine per centum) 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 per centum per annum shall be payable from the date or expiry of the said period of one year on the amount of compensa .....

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utely vests in the State, and in the case of contingencies as provided in section 17(1) when possession is taken in the case of urgency, even before passing of the award, land vests absolutely in the State under section 17(3A), 80% amount is required to be tendered before taking possession under sections 17(1) and 17(2); and, the same is to be paid in the mode as provided for under section 31(1) and, in case of refusal, incompetency etc. to alienate and other such cases as provided under section .....

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positing of the same in court, would only be that of the additional liability of interest as provided in section 34. The provision with respect to the payment of 15% interest 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 publicatio .....

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, 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 notwithstanding anything contained in sub-section (1). The provisions of sub-section (2) of section 24 shall, under the exigencies provided t .....

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d not lapse; however, all the beneficiaries shall be entitled to compensation in accordance with the provisions of the Act of 2013. 18. When we consider the scheme of the Act of 2013 also with respect to the mode of payment of compensation, we find provisions of section 77 are almost akin to those of section 31. The provisions of section 77 of the Act of 2013 are extracted hereunder: 77. Payment of compensation or deposit of same in Authority. -(1) On making an award under section 30, the Collec .....

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he apportionment of it, the Collector shall deposit the amount of the compensation in the Authority to which a reference under section 64 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 further that no person who has received the amount otherwise than under protest shall be entitled to make any application under sub-section (1) of section 64: Provided also that nothing herein contained sha .....

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on 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 .....

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been deposited in the account of the beneficiaries, which may be deposited separately in treasury also; whereas, in section 77, of the Act of 2013 the deposit is required, in the bank account of beneficiaries, unless refused. The expression bank-account has not been used in section 31 of the Act of 1894 or in section 24(2) of Act of 2013. In proviso to section 24(2), the expression used deposited in account would mean deposited only in Treasury or with the Land Acquisition collector for payment. .....

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ourt. In our opinion, the expression "paid" and "deposited" are separately used in both enactments, and they both carry a different meaning. The aforesaid provisions deal with tender and deposit; and, consequences are similar. INTERPRETATION OF SECTION 24 23. Section 24 of the Act of 2013 is extracted hereunder:- 24. Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in certain cases.-(1) Notwithstanding anything contained in this Act, in any case .....

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tion (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance wi .....

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as 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 .....

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o uses the expression "deposited in the account of the beneficiaries", meaning thereby, in the case with respect to the majority of land holdings amount has not been deposited in the account of beneficiaries, though the acquisition would not lapse, all beneficiaries would get benefit of the compensation under the Act of 2013. Thus, the consequence of non-deposit of the amount, with respect to the majority of land holdings, in the account of the beneficiaries, is that the acquisition wo .....

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re the acquisition would not lapse. The object is that a body or State Government, for whose benefit land has been acquired, must have possessed the requisite funds for payment to the landowners. The proviso is not attracted where compensation has been paid. 26. The proviso to section 24(2) does not provide that amount of compensation has to be deposited in the court. It obviously refers to a payment deposited with LAO or in treasury. 27. The different expression paid , used in section 24(2) of .....

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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 ref .....

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ich 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 to section 24(2) of the 2013 Act deals with deposit' of compensation in treasury or with Land Acquisition Collector with respect to the majority of holding it does obviously contemplate that amount has not been paid' to landowners/ beneficiaries/ interested persons. Thus, when Scheme of entire section 24 is .....

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n under section 31(1) and 31(2). The provisions of section 24 cannot be rendered wholly unworkable by the inclusion of deposit' in paid'. MEANING OF PAID IN SECTION 31 OF THE ACT OF 1894 AND SECTION 24(2) OF THE ACT OF 2013 : 32. The question arises what is the meaning of the expression paid' in section 24 and tender' in section 31(2) of the Act of 1894. Whether the tender of compensation amount to discharge of obligations to make payment. The meaning of expression tender : is wh .....

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tender may save the tendering party from a penalty for non-payment or non-performance or may, if the other party unjustifiably refuses the tender, place the other party in default. Cf. OFFER OR PERFORMANCE; CONSIGNATION. It is apparent from aforesaid that "tender" may save the tendering party from the penalty for non-payment or non-performance or penalty if another party unjustifiably refusing the tender, places the other party in default. A formal offer duly made by one party to anot .....

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62 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 .....

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ent of wages for one month and (ii) making of an application by the employer to the authority before which the proceeding is pending for approval of the action taken. It is not disputed before us that when the proviso lays down the condition as to payment of one month's wages, all that the employer is required to do in order to carry out that condition is to tender the wages to the employee. But if the employee chooses not to accept the wages, he cannot come forward and say that there has be .....

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amp;Anr. AIR 1965 SC 1503, a 3-Judge Bench of this Court considered the question of payment of wages under the proviso to section 33(3) of Industrial Disputes Act and has taken a similar view and observed: The proviso does not mean that the wages for one month should have been actually paid because in many cases the employer can only tender the amount before the dismissal but cannot force the employee to receive the payment before dismissal becomes effective. In this case, the tender was definit .....

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the employer to the authority before which the proceeding is pending for approval of the action taken by him. Though the word used in the proviso is 'paid', the proviso does not 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 wa .....

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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 was a case where the wages were remitted by money order but the workman purposely refused to receive them. It was held .....

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State Bank Ltd. v. The Commissioner of Income Tax, Lucknow, (1969) 2 SCC 316, in the context of section 14(2)(c) of Income Tax Act, 1922. This Court observed that the expression "paid" in section 16(2) does not contemplate actual receipt of the dividend by the members of the community; in general, the dividend may be said to be paid when company discharges its liability and makes the amount of dividend unconditionally available to the member entitled thereto. The Court has observed: 5 .....

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tor of Central Excise, Bombay & Ors. v. The Elphinstone Spinning & Weaving Mills Co. Ltd. (1971) 1 SCC 337, the court observed that literal meaning of the word "paid" need not be adopted. 38. In J.Dalmia v. Commissioner of Income Tax, New Delhi, AIR 1964 SC 1866 at 1869, this Court has observed that the expression paid does not contemplate actual receipt of the dividend by the member. The dividend may be said to be paid within the meaning of section 16(2) when the company disch .....

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t 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 t .....

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n the Principles of Statutory Interpretation by G.P. Singh (14th edition), it has been observed that court has to avoid addition or substitution of the words. Thus, when the word paid is there, it is not open to adding "deposited", particularly when the scheme of the Act of 1894 also contains different provisions in section 31(1) with respect to tender is payment, while section 31(2)deals with deposit in the court; on non-deposit consequence in section 34, later is not a payment made t .....

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e Privy Council decision in Crawford v. Spooner, (1846) 6 Moore PC 1 and Lord Howard de Walden v. IRC, (1948) 2 AER 825 and other decisions of the Court and observed: …….(a) Avoiding addition or substitution of words As stated by the Privy Council: We cannot aid the Legislature s defective phrasing of an Act, we cannot add or mend and, by construction makeup deficiencies which are left there". "It is contrary to all rules of construction to read words into an Act unless i .....

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Act or to give a purposeful meaning to the section. Section 621-A provides for compounding, by the Company Law Board, of any offence punishable under the Act, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, either before or after the institution of any prosecution. It was held that the Company Law Board has the power to compound such offences without the permission of the Court. Since the Legislature, in its wisdom, has not put the rider of prior .....

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ed 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 .....

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d subject to such limitations and restrictions as may be prescribed , the Supreme Court refused to read residence within the town area as a necessary part of the condition for imposition of the said tax. S.K. DAS, J. said, To do so will be to read in clause (f) words which do not occur there . Further, in interpreting section 6(a) and section 43 of the Transfer of Property Act, 1882, the Supreme Court refused to read a further exception in section 43 excluding its operation in cases of transfer .....

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ile providing that the Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life, with wide knowledge and experience in law, science, and technology, social science, management, journalism, mass media or administration and governance, do not further prescribe any basic qualification which such persons must have in the respective fields in which they work. As a result, the Court cannot read into the provisions of sections 12(5) and 15(5) of the Act t .....

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ndia Cotton Mfg. Co. 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 .....

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in 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 has been said and what has not been said. It is wrong and dangerous to proceed by substituting some other words for the words of the statute. When literal reading produces an intelligible result it is not open to read words or add words to statute. Making any g .....

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rges in relation to an interpretationof a statute can be explained as follows. It is a salutary principle that it is not open to the Court to add or substitute some words in place of the words of the statute. The court cannot reframe the legislation. The court cannot add to, or amend, the provisions; neither can the expressions used in the statute be treated as fungible. We need not add any word when Section 24(2) uses the expression compensation has not been paid . To complete the payment, we c .....

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n case the legislature wanted the deposit in Court to be included in paid/ tender , it could have easily said so. But it has used expressions differently, with different consequences. 42. What follows from the aforesaid enunciation is that the legislature has consciously omitted the expression deposited in main section 24(2), whereas, it is used in the proviso; both have different objectives. When the legislature has used different expressions with respect to past events - the word paid is used .....

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he 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 cou .....

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r in case his conduct is of filing litigations, delaying the passing of the award or obtaining stay of the proceedings; such action would tantamount to refusal to accept compensation, and the person then may not even be entitled to higher rate of interest as envisaged under section 34. 44. While making statutory interpretation, inconsistency and repugnancy is to be avoided and harmonious construction has to be adopted. The construction to be adopted should be such, as would make the statute as a .....

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v. Hindustan Bulk Carriers, (2003) 3 SCC 57, at p.74. 45. When we apply the rule of harmonious construction to the provisions of section 24(2) of the Act of 2013, i.e. as between the main part of the section and its proviso, the word paid occurring in the main part, has to be construed differently (with a different meaning being given to it) from the word deposited occurring in the proviso; otherwise, inconsistency and repugnancy would be the result of the provision contained in section 24 (2) a .....

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. The proviso is enacted as part of section 24(2); it is not an independent provision and applies to an acquisition made five years or before, in which amount, with respect to majority of holdings, has not been deposited in 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. .....

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ould 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 deposited to include in the expression payment . 49(a). Rule of literal construction .....

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grammatical meaning, unless that leads to some absurdity or unless there is something in the context, or in the object of the statute to suggest the contrary. The true way , according to LORD BROUGHAM is, to take the words as the Legislature have given them, and to take the meaning which the words given naturally imply, unless where the construction of those Words is, either by the preamble or by the context of the words in question, controlled or alter ; and in the words of VISCOUNT HALDANE, L .....

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al and ordinary sense of the words may be modified, so as to avoid that absurdity, and inconsistency, but no further". And stated LORD ATKINSON: "In the construction of statutes, their words must be interpreted in their ordinary grammatical sense unless there be something in the context, or in the object of the statute in which they occur or in the circumstances in which they are used, to show that they were used in a special sense different from their ordinary grammatical sense .28 VI .....

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tute 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 unl .....

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further . The rules stated above have been quoted with approval by the Supreme Court……. (emphasis supplied) 49(b). This Court, in Harbhajan Singh v. Press Council of India, AIR 2002 SC 1351, at 1354 has observed thus : Legislature does not waste its words. Ordinary, grammatical and full meaning is to be assigned to the words used while interpreting a provision to honour the rule - Legislature chooses appropriate words to express what it intends, and therefore, must be attributed wi .....

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only when payment is refused, that the same is deposited in court; obligation to pay is over as soon as amount is tendered and refused. 51(a) When two different expressions have been used in the same provision of a statute, there is a presumption that they are not used in the same sense. In this regard, G.P. Singh, in his treatise Interpretation of Statutes (14th Edition) at page 395, has observed thus: …….When in relation to the same subject matter, different words are used in th .....

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ense. Similarly, while construing the word gain under Section 3(ff) of the Bombay Municipal Corporation Act, 1888, which used the words profit or gain , the Supreme Court relied on the dictionary meanings of the words to hold that the word gain is not synonymous with the word profit as it is not restricted to pecuniary or commercial profits, and that any advantage or benefit acquired or value addition made by some activities would amount to gain ……. ***14.Brighton Parish Guardians .....

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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 .....

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v. Strand Union Guardians, 1891 QB 156, Member, Board of Revenue v. Arthur Paul Benthall, AIR 1956 SC 35 at p.38, and CIT v. East West Import & Export (P) Ltd., Jaipur, (1989) 1 SCC 760, in that case this Court has observed : "7. The Explanation has reference to the point of time at two places: the first one has been stated as "at the end of the previous year" and the second, which is in issue, is "in the course of such previous year". Counsel for the Revenue has em .....

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expressed the legislature must be taken to have intended to express a different intention. (emphasis supplied) 51(c). In Kailash Nath Agarwal v. Pradeshiya Industries and Investment Corporation of Uttar Pradesh, (2003) 4 SCC 305, Tejmohammed Hussainkhan Pathan v. V.J. Raghuvanshi, 1993 supp. (2) SCC 493, D.L.F. Qutab Enclave Complex Educational Charitable Trust v. State of Haryana, (2003) 5 SCC 622, Pallawi Resources Ltd. v. Protos Engineering Company Pvt. Ltd., (2010) 5 SCC 196, Grasim Industri .....

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d to only when the statute to observe or when read literally it leads to manifest injustice 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 .....

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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 exigencies as provided in Section 31, and there can be several other exigencies which are not covered under section 31(2) of the Act of 1894 and in the statutory rules/orders. 52. In section 24 of the Act o .....

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ion et al., in a timely and transparent manner. The legislature has not brook the delay of five years or more on part of authorities in completing the acquisition. When it says timely ,it would mean without delay on the part of authorities, not delay due to dilatory tactics and conduct of land owners/interested persons. EFFECT OF RULES FRAMED UNDER SECTION 55 OF 1894 ACT AND ORDERS ISSUED BY STATE GOVERNMENTS 54. There are various State rules framed under section 55 of the Act of 1894 by various .....

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framed under the Act of 1894 and Rule 10 thereof provided thus : 10. 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 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 t .....

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en 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 th .....

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r Revenue deposit (Treasury) within one month from the date of award. 56. The state of Assam has also framed the rules dealing with deposit in exercise of power under Section 55 of the Act of 1894. Rule 9 whereof provides that on failure to collect the compensation if landowner/interested person does not appear, and do not apply for a reference to the civil court under section 18, the Collector shall after making endeavour to secure their attendance or make payment that may seem desirable, cause .....

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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 they fail to appear. If they do not appear and do not apply for a reference to the Civil Court under section 18, he shall, af .....

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will be paid to them in the same manner as ordinary revenue deposits. The Collector should, as far as possible, arrange to make the payment due in or near the village to which the land pertains in order that the number of undisbursed sum to be placed in deposit on account of nonattendance 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) 5 .....

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ia 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) and tendering payment Under Section 31( .....

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heir attendance that may seem desirable, cause the amounts due to be paid to the treasury as revenue deposited payable to the persons to whom they are respectively due and vouched for in the Form marked E below. The officer shall also give notice to the payees of such deposits, specifying the treasury in which the deposit has been made. When then payees ultimately claim payment of sums placed in deposit, the amounts will be paid to them in the same manner as ordinary revenue deposit. The officer .....

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khbir Singh & Ors. (2016) 16 SCC 258. This court with respect to mode under section 31(1) has held: 18. Para 73 makes it clear that payment may be accepted either without protest or under protest, and Paragraph 74 makes it clear that there are five methods of making payment. The first four methods are all methods strictly in consonance with Section 31 of the Land Acquisition Act in that they are all direct payments that have to be made to persons ready to accept compensation. This is clear f .....

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r 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 the .....

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ods have failed that, as a last resort, the money is then to be deposited in the treasury. In any case, such deposit in the treasury is referable only to Section 31(1) and cannot ever be a substitute for deposit before the reference court as provided Under Section 31(2) of the Land Acquisition Act, which applies in the circumstances mentioned in the aforesaid Sub-section. We agree with aforesaid part of Sukhbir Singh (supra) related to section 31(1), however, not with respect to part relating se .....

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rence has not been sought and deposit in treasury would be valid deposit even otherwise where reference is sought and person refuses to accept it only liability of non-compliance of deposit in Court would be higher interest under section 34. 61. Though as per subsection (2) of section 31 in the certain exigencies the amount has to be deposited in court where the reference would be made, it does not cover the entire situation when it is not possible to disburse the compensation and deposit in tre .....

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ibes amount to be deposited with respect to majority of holding , in the account of beneficiaries, it is not provided that such amount has to be deposited in court. Section 31 of the Act of 1894 does not deal with the deposit of the amount with respect to the majority of holdings in the court in the account of landowners. Section 31(2) of the Act of 1894 only contemplates certain exigencies i.e. (1) refusal to accept, and reference is sought (2) incompetence to alienate the land, (3) there is di .....

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n 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 .....

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on 24(2)of the Act of 2013 shows that the expression paid does not include deposit in it. The expression deposit would include deposit in terms of the rules also. Section 24(2) does not, in any manner, lay down that the amount cannot be said to have been deposited even when a deposit is made in terms of the mandatory rules, or in accordance with the applicable instructions. Deposit-in-treasury is stipulated under the rules made with reference to a constitutional provision, so also framed under S .....

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AL DIFFICULTY ON REFUSAL/NON ACCEPTANCE OF COMPENSATION BY CONDUCT, PRACTICE AND LEGAL POSITION UNDER ACT OF 1894. 64. One mode of refusal to acceptance of compensation is when it is tendered, it is refused. Another mode is of filing a litigation to question the very land acquisition, filing application for an interim stay and contesting it for decades reflects clear conduct of nonacceptance of acquisition/compensation. State authorities cannot retain the money in their own hands in such circums .....

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duct, there is refusal to accept the land 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. T .....

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erested 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 time and again, once amount is deposited in treasury during the pendency of litigation. In case of landowner interdict, initial offer/ tender by refusal or otherwise by questioning the land acquisition itself would mean they do not want to accept the compen .....

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ngh (supra) thus: 13. The picture that therefore emerges on a reading of Section 24(2) is that the State has no business to expropriate from a citizen his property if an award has been made and the necessary steps to complete acquisition have not been taken for a period of five years or more. These steps include the taking of physical possession of land and payment of compensation. What the legislature is in effect telling the executive is that they ought to have put their house in order and com .....

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legislature frowns upon delay of more than five years. 65. In case it is held in spite of refusal to receive payment, it is necessary to deposit in Court, most of the acquisition would lapse. The acquisition of Raisina Hills in Lutyen s zone of Delhi made in 1913 was questioned in said case but this Court never intended such misuse of the provision. There is no dearth of ingenuity left in misusing the provisions of section 24 of the 2013 Act whereas it is meant to beneficial legislation. Its int .....

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n 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 iss .....

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f this Court which have simply laid down that in case landowner is not responsible for delay in payment, at the most he may be entitled to interest on such amount, in case it has not been tendered/paid to him when possession has been taken. Similar provisions are made under sections 77 and 80 of the Act of 2013. All of a sudden it would not be appropriate considering the statutory rules which have been framed under section 55 of the Act of 1894 and order to invalidate all such land acquisitions .....

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alous situation, the statutory rules and statutory orders issued by various State Governments dealing how the Government money has to be dealt with, it would not be appropriate to unsettle the legal position. The 1894 Act never contemplated such result and by and large, it was not the practice to deposit in court. Only in those cases the amount used to be deposited in court, where reference was sought under sections 18 or 30, as provided under rules also and there was dispute as to person entitl .....

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erned with the Land Acquisition Collector and for more than one century this procedure of deposit in treasury was prevailing and by and large amounts had been deposited in the treasury only and thus it would not be appropriate to make 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 .....

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ous 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 contemplated in the Act of 2013 and invalidate acquisitions that have taken p .....

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anner to entertain stale and dead claims and to revive them on the ground of technical and procedural defaults, if any, and created by landowners conduct. The intendment of section 24 is that acquisition to be completed early. If authorities for no good cause fail to take steps for five years or more on their own the lapse of acquisition under section 24 to follow. 68. It would be appropriate to refer to maxim - Omnis Innovatio Plus Novitate Perturbat Quam Utilitate Prodest i.e. Every innovation .....

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hat prejudice or injustice would be caused in case the amount is not deposited in the court and is deposited in the treasury particularly when the provision contained in section 31 of the Act of 1894 has to be read conjointly with those in section 34. As per the provisions contained in section 34, a person can claim the interest in case amount is not deposited as envisaged under section 31(2) if authorities are at fault. Even assuming that amount is required to be deposited only in the court whe .....

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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 .....

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nal Procedure Code of 1974. It is now well established that mere non-examination or defective examination Under Section 342 of the 1898 Code is not a ground for interference unless prejudice is established, vide, K.C. Mathew v. State of Travancore-Cochin 1956 CriLJ 444, Bibhuti Bhusan Das Gupta and Anr. v. State of West Bengal 1969 CriLJ 654...... Similar view of the matter is taken in State of Andhra Pradesh v. Thakkidiram Reddy, (1998) 6 SCC 554; Willie (William) Slaney v. State of Madhya Prad .....

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entitled to compensation or its apportionment in between person interested or person was not even competent to make alienation of property that has been acquired it would not be necessary to tender amount as it may not be so done due to said exigencies as authority may decide not to pay it till court orders then it is to be deposited in court to save further liability of exorbitant interest under section 34 of the Act of 1894. Collector need not tender the payment invariably. It can be deposited .....

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o be deposited in treasury. It is only when court comes into play then deposit in reference court is required in exigencies of section 31(2) read with 32 as provided in rules. Even section 31(2) comes into play to tender payment is obligatory provision. Tender of payment is complete when it is made unconditionally available it could not have been equated with the deposit in court under section 31(2) or 24(2) of old and new Acts respectively as these are two different exigencies and consequence o .....

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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 .....

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e the landowners have themselves delayed in disposal of acquisition proceedings, cannot claim higher rate of interest as that would amount to payment of premium for dilatory tactics. Even the interest under section 34 cannot be claimed as a matter of right. In case a person is indulging in litigation for adopting dilatory tactics, no divesting of land is provided under the Act of 1894 in case it is not deposited in court. Neither it is so provided in section 24(1) of the 2013 Act. The obligation .....

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tate authorities in depositing the compensation in court in the given exigencies then only the provisions of section 34 would be attracted and it would be then for the court to examine in each case whether it would make order for the higher rate of interest and examine if it was due to failure of the State authorities and in case possession has been taken then liability may arise to make payment of interest it cannot be premium for dilatory tactics of landowners that they can claim even higher r .....

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75. In D Block 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 t .....

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ed 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 exercise of power under section 55 of Act of 1894 can always be taken. In various States, Financial Code/Order/Rules deals with Government money and as such amount is required to be deposited in the Treasury by opening separate accounts of landowners/beneficiaries/claimants that .....

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of informing claimants as to compensation. Section 31(2) of the Act requires Collector to deposit amount in court in case it is not received by the persons interested or there is some dispute. Under the Act, the deposit is required only with a view to avoiding liability to pay interest. Deposit in the Court is not a payment made to the owner. It is only to avoid liability to pay interest that too at higher rates on the failure of deposit. Once it is deposited the liability to pay interest ceases .....

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ayable. Thus, it is clearly provided under section 34 that interest at the rate of 15 percent per annum shall be payable from the date of expiry of the said period of one year till it is so paid or deposited. As soon as the deposit is made under Section 31(2) of the Act, liability ceases to make the payment of interest on the compensation amount so deposited." 78. Reliance was placed by landowners on the decision in Nazir Ahmed v. King Emperor, AIR 1936 PC 253 (2), wherein the court observe .....

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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 .....

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can be divested by virtue of the provisions made in section 24 of 2013 Act. The concept of absolute vesting in the State under Act of 1894 is well settled and on award being passed, possession being taken, compensation being offered but refused, section 24 would not apply in such a situation to divest the State if the land is acquired. No different intention appears from section 24 to divest the land once it has absolutely vested in the State in accordance with the provisions of the Act of 1894 .....

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that as provided in section 16 of the Act of 1894, when an award is passed and possession is taken, the land vests absolutely in the Government free from all encumbrances the only legality of procedure is open to being questioned. The provision contained in section 17(1) also provides absolute vesting in the Government free from all encumbrances in the case of urgency even before passing of an award. 80. The vested right cannot be taken away. In Black's Law Dictionary "vested" is d .....

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ng possession in the future." George Whitecross Paton, A Textbook of Jurisprudence 305 (CW. Paton & David P. Derham eds., 4th ed. 1972). "A future interest is vested if it meets two requirements: first, that there be no condition 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 .....

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nment 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 procedure was not followed for surrendering the land to .....

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hile owner stood extinguished and the Government became absolute owner of the property free from all encumbrances. Thereby, no one has nor claimed any right, title and interest in respect of the acquired land. Before the possession could be taken, the Government have power under Section 48(1) of the Act to denotify the land. In that event, land is required to be surrendered to the erstwhile owners. That is not the case on the facts of this case. Under these circumstances, the Government has beco .....

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come into possession as a lessee of the Government, Session 116 of Evidence Act estops him from denying title of the Government and set it up in the third party. By disclaiming Government title, he forfeited even the annual lease. Under these circumstances, having come into possession as a lessee, after expiry and forfeiture of the lease, he has no right. Illegal and unlawful possession of the land entails payment of damages to the Government." (emphasis supplied) 81(b). In Star Wire (Indi .....

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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 .....

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Y.N. Garg v. State of Rajasthan [1996] 1 SCC 284 and SnehPrabha v. State of U.P. [1996] 7 SCC 325, this Court had held the alienations made by the erstwhile owner of the land after publication of the notification under Section 4(1), do not bind either the State Government or the beneficiary for whose benefit the land was acquired. The purchaser does not acquire any valid title. Even the colour of title claimed by the purchaser was void. The beneficiary is entitled to have absolute possession fr .....

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een consistently taking the view starting from State of Madhya Pradesh and Anr. v. Bhailal Bhai and Ors. [1964]6SCR261 wherein a Constitution Bench had held that it is not either desirable or expedient to lay down a rule of universal application but the unreasonable delay denies to the petitioner, the discretionary extraordinary remedy of mandamus, certiorari or any other relief. The same was view reiterated in catena of decisions, viz., Rabindranath Bose and Ors. v. The Union of India and Ors. .....

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dal v. KrishanMurari and Ors. , (1996)1SCC311 and; State of Haryana v. Dewan Singh AIR1996SC675 wherein this Court had held that the High Court was not justified in interfering with the acquisition proceedings. This Court in the latest judgment in Municipal Corporation of Great Bombay v. The Industrial Development & Investment Co. Pvt. Ltd. and Ors., AIR1997SC482 , reviewed the entire case law and held that the person who approaches the Court belatedly will be told that laches close the gate .....

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er. 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 v .....

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land. 2013 Act would come only in the cases where vesting of land has not taken place in the State Government. In Fruit and Vegetable Merchants Union v. Delhi Improvement Trust, AIR 1957 SC 344, this Court has observed thus: 25. That the word "vest" is a word of variable import is shown by provisions of Indian statutes also. For example, s. 56 of the Provincial Insolvency Act (5 of 1920) empowers the court at the time of the making of the order of adjudication or thereafter to appoint .....

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7 of the Land Acquisition Act (Act I of 1894), provide that the property so acquired, upon the happening of certain events, shall "vest absolutely in the Government free from all encumbrances". In the cases contemplated by Sections, 16 and 17 the property acquired becomes the property of Government without any conditions or limitations either as to title or possessions. The legislature has made it clear that the vesting of the property is not for any limited purpose or limited duration .....

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or square or other land vesting in a municipality or other local 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 d .....

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ed 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) the fishery right of the intermediary was saved by that Act? A Bench of three Judges had held in paragraphs 9 and 11 that the pre-existing rights of the intermediary in the estate to which the declaration applied, shall stand vested in the State free fro .....

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Sahay Singh v. Mohd. Khalilur Rahman the appellants were proprietors of certain lands in Touzi (new) No. 8655 in Saraunja village in District Begusarai in Bihar which was sought to be declared as private lands in a civil suit. The courts granted the decree but the High Court reversed the decree. On appeal, this Court had held that on publication of the notification under Section 3, the lands stood vested in the State. The pre-existing right, title, and interest held by the appellants stood cease .....

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ation of the notification under Section 3, the totality of the right, title and interest held by an intermediary stands abolished. The consequences thereof, as enumerated in Section 4(a), is extinguishment of the pre-existing right, title and interest over the entire estate including the enumerated items in Section 4(a) which include hats and bazars in the State and the pre-existing right, title and interest held by the intermediary/tenure-holder stood divested. Vest means an absolute or indefea .....

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re '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 .....

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right to enjoy the property etc. Such "settled expectation" can be rendered impossible of fulfillment due to change in law by the Legislature. Besides this, such a "settled expectation" or the so-called "vested right" cannot be countenanced against public interest and convenience which are sought to be served by amendment of the law. (Vide: Howrah Municipal Corpn. and Ors. v. Ganges Rope Co. Ltd. and Ors. (2004) 1 SCC 663. 22. Thus, "vested right" is a ri .....

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a case. In case of urgency also before award is passed as provided in section 17(1), 17(3A) vesting takes place on fulfillment of conditions. 83. It is settled law that accrued rights cannot be taken away by repealing statutory provisions. The repealing law must provide for taking away such rights expressly or by necessary implications. There is no such express provision or necessary implication. The beneficial intendment of proviso to section 24(2) is that acquiring body must have arrangement o .....

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e given the benefit of Act of 2013. Those who have obtained interim orders under guise of prima facie case anyhow or somehow without any basis, without merit in their claim, cannot be protected by providing shelter under the protective umbrella of section 24(2) of the Act of 2013. 84. There are various decisions 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 .....

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eks 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 is .....

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Question No.1 is the question of taking physical possession as contained in section 24(2) of Act of 2013 when it can be said that possession has been taken. When we consider the same, question arises what is the meaning of physical possession not taken in section 24(2) when the State is involved in taking possession of the property acquired it can take possession by drawing a Panchnama. The normal rule of State possessing the land through some persons would not be applicable in such cases. On op .....

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tivation or residing in the house. Lawful possession is deemed to be of the State. This Court in a number of decisions has accepted the mode of drawing Panchnama by State consistently to be a mode of taking possession. 87(a). In Balwant Narayan Bhagde v. M.D. Bhagwat & Ors., (1976) 1 SCC 700 in the majority view, it was held that the act of Tehsildar in going on the spot and inspecting the land was sufficient to constitute taking of possession. Neither the Government nor the Commissioner cou .....

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essary 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 .....

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ere can be no hard and fast rule laying down what, act would be sufficient to constitute taking of possession of land. We should not, therefore, be taken as laying down an absolute and inviolable rule that merely going on the spot and making a declaration by beat of drum or otherwise would be sufficient to constitute taking of possession of land in every case. But here, in our opinion, since the land was lying fallow and there was no crop on it at the material time, the act of the Tehsildar in g .....

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tice should be given to the owner or the occupant of the land that possession would be taken at a particular time, though it may be desirable where possible, to give such notice before possession is taken by the authorities, as that would eliminate the possibility of any fraudulent or collusive transaction of taking of mere paper possession, without the occupant or the owner ever coming to know of it. 87(b). In Tamil Nadu Housing Board v. A.Viswam (Dead) by LRs., (1996) 8 SCC 259, this Court has .....

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take physical possession of the acquired land. It is common Knowledge that in some cases the owner/interested person may not co-operate in taking possession of the land. 87(c). In Banda Development Authority, Banda v. Moti Lal Agarwal & Ors. (2011) 5 SCC 394 this Court observed that preparing a Panchnama is sufficient to constitute taking of possession. If acquisition is of a large tract of land, it may not be possible to take physical possession of each and every parcel of the land and it w .....

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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, t .....

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ority to take physical possession of each and every parcel of the land and it will be sufficient that symbolic possession is taken by preparing appropriate document in the presence of independent witnesses and getting their signatures on such document. v) If beneficiary of the acquisition is an agency/instrumentality of the State and 80% of the total compensation is deposited in terms of Section 17(3A) and substantial portion of the acquired land has been utilized in furtherance of the particula .....

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ember 26, 1986 and for Survey No. 2/11 award was made on August 31, 1990. Possession having already been undertaken on November 24, 1981, it stands vested in the State under Section 16 of the Act free from all encumbrances and thereby the Government acquired absolute title to the land. The initial award having been made within two years under Section 11 of the Act, the fact that subsequent award was made on 31st August, 1990 does not render the initial award invalid. It is also to be seen that t .....

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on behalf of the State. If compensation was accepted without protest, it binds such 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 occup .....

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he 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 difficult to take physical possession of the land under compulsory acquisition. The normal mode of taking possession is drafting the Panchanama in the presence of Panchas and taking possession and giving delivery to the benefici .....

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e, the Government would have acquired some other land leaving the acquired land for the appellant. In the counter-affidavit filed in the High Court, it was stated that apart from the acquired land, appellant also owned 482 canals 19 marlas of land. Thereby, it is seen that the appellant is not disabled to proceed with the continuation of the educational institution which it seeks to establish. It is then contended that an opportunity may be given to the appellant to make a representation to the .....

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power under section 48 could not be exercised. 87(g). In Raghbir Singh Sehrawat v. State of Haryana & Ors. (2012) 1 SCC 792, it was observed: 28. If the Appellant's case is examined in the light of the propositions culled out in Banda Development Authority, Banda v. MotiLalAgarwal and Ors. we have no hesitation to hold that possession of the acquired land had not been taken from the Appellant on 28.11.2008, i.e. the day on which the award was declared by the Land Acquisition Collector b .....

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n 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 .....

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was taken on 20.07.1993 and the Panchanama was executed showing that the possession has been taken. It is signed by witnesses. We have perused the details which are available in the paper book. It is settled law that where possession is to be taken of a large tract of land then it is permissible to take possession by a properly executed Panchanama. [videSita Ram Bhandar Society, New Delhi v. Lieutenant Governor, Govt. of NCT, Delhi (2009) 10 SCC 501]. 86. It is not in dispute that the Panchnama .....

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y and validly through a Panchnama is absolutely correct and deserves to be upheld. 87(j). In M. Venkatesh & Ors. v. Commissioner, Bangalore Development Authority etc. (2015) 17 SCC 1, a three-Judge Bench of this Court has opined: 17. To the same effect are the decisions of this Court in Ajay Krishan Shinghal v. Union of India, Mahavir v. Rural Institute, Gian Chand v. Gopala, Meera Sahni v. Lt. Governor of Delhi and Tika Ram v. State of U.P. More importantly, as on the date of the suit, the .....

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; Toubro Ltd. v. State of Gujarat , sufficiently support BDA that the mode of taking possession adopted by it was a permissible mode. (emphasis supplied) 87(k). However, view has been taken in Velaxan Kumar v. Union of India & Ors. (2015) 4 SCC 325 that actual physical possession 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 Panch .....

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sion 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. 87(m). In Narmada Bachao .....

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ision has to be treated as confined to its own facts, as the mode adopted for determining the possession by the help of Commissioner is doubtful. The Commissioner could not have determined the factum of possession. It is the function of the court and this cannot abdicate to Commissioner its function. Even under Order XXVII CPC function of Commissioner is not to determine possession and once possession has been taken, whether there was re-entry or trespass had not been examined in the said case. .....

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on of Banda Development Authority (supra), it appears that the law laid down has been properly discussed and propositions have been laid down properly. 88. We find that while this Court examined several aspects of the matter in Banda Development Authority, Banda versus Moti Lal Agarwal [(2011) 5 SCC 394], contrary view has been taken in some subsequent judgments. In Banda Development Authority (supra), this Court has held that if land was vacant, going to the spot and preparing a panchnama by a .....

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mbolic 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 th .....

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ral cases, the challenge to the acquisition has become stale and otherwise barred. The question arises whether a beneficial provision of section 24 of the Act of 2013 revives such claims and the Courts can entertain them. 91. Arguments to the effect, that section 24 of the Act of 2013 does have the effect of re-opening claims of the beneficiaries, qua acquisitions that had, in certain instances, been made as far back as the first and the second decade of the 20th century or decades before, are b .....

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aim, put forth before this Court, was argued and decided within the confines of the case titled as Mahavir & Ors. v. Union of India & Anr., numbered as SLP (C) No. 26281/2017, decided on 8.9.2017. This was a petition filed with respect to an area known as the Raisina Hills , located in the Lutyens Zone of New Delhi. 93. The question arose as to whether the court can interfere in such cases? The Court s discussion on the legal aspects involved in Mahavir s case (supra), and its decision t .....

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SCC 787]. The delay and laches are enough to destroy the remedy. Mahavir s case (supra) also contains the observation to the effect that, if the conduct and neglect of the landowner or his successor is allowed to prevail, permitting them to assert their claim at this belated juncture, it would place the Estate Authority in a position in which it would not be reasonable to place them; and that in such cases, lapse of time and delay are one of the most material considerations. The Court s observat .....

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easonable 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 inordina .....

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y. (emphasis supplied) 95. This Court, in Dharappa v. Bijapur Co-operative Milk Producers Societies Union Ltd. [(2007) 9 SCC 109], had an occasion to consider the effect and operation of section 10(4A) of the Industrial Disputes Act, 1947; the section had been inserted via an amendment made to the Act. With regard to the same, the Court observed that delay, if has resulted in material evidence relevant to adjudication being lost or rendered unavailable, would be fatal. It was held that the time .....

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, if on account of delay, a dispute has become stale or ceases to exist, the reference should be rejected. It has also held that lapse of time results in losing the remedy and the right as well. The delay would be fatal if it has resulted in material evidence relevant to adjudication being lost or rendered unavailable [vide - Nedungadi Bank Ltd. v. K.P. Madhavan Kutty (2000) I LLJ 561 SC; Balbir Singh v. Punjab Roadways 2000 (8) SCALE 180; Asst. Executive Engineer v. Shivalinga (2002) I LLJ 457 .....

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kmen to apply directly to the Labour Court for adjudication of disputes relating 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 In .....

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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, all workmen who were communicated orders of termination within six months prior to 7-4-1988 were given the benefit of uniform six months time from 7-4-1988, irrespective of the date of expiry of six months. When .....

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when the Section came into effect, have a minimum of six months time to approach the Labour Court. That is ensured by adding the words "or the date of commencement of the Industrial Disputes (Karnataka Amendment) Act, 1987, which is later" to the words "within six months from, the date of communication to him of the order of discharge, dismissal, retrenchment or termination. In other words all those who were communicated orders of termination during a period of six months prior to .....

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d, it was observed in State of Karnataka v. Laxuman [(2005) 8 SCC 709] thus: 9. As can be seen, no time for applying to the court in terms of sub-section (3) is fixed by the statute. But since the application is to the court, though under a special enactment, Article 137, the residuary article of the Limitation Act, 1963, would be attracted and the application has to be made within three years of the application for making a reference or the expiry of 90 days after the application. The position .....

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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 .....

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iry of 90 days prescribed in Section 18(3) (b) i.e. the date on which cause of action had accrued to the respondent-claimant. Since the applications had been admittedly made beyond three years, it was clearly barred by limitation. Since, the High Court relied upon the case in Municipal Corporation of Athani,(1969) IILLJ651SC, which has stood overruled, the order of the High Court is unsustainable. This position is also supported by the reasoning in Kerala State Electricity Board v. T.P. Kunhaliu .....

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he claimant to make his claim for enhanced compensation and for ensuring an expeditious disposal of the application for reference by the authority under the Act fixing a time within which he is to act and conferring an additional right on the claimant to approach the civil court on satisfying the condition precedent of having made an application for reference within the time prescribed. 10. A statute can, even while conferring a right, provide also for a repose. The Limitation Act is not an equi .....

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97. Thus, when we ponder as to the instant case, qua the re-opening of stale claims under section 24 of the 2013 Act, no Johnny come lately can be permitted to assert that he is in possession (claiming that physical possession has not been taken away from him), when such assertion has not been made 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 ope .....

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ancement 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 whic .....

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n taken, the case cannot be reopened under the guise of section 24 of Act of 2013. 99. Section 24 is not intended to come to the aid of those who first deliberately refuse to accept the compensation, and then indulge in ill-advised litigation, and often ill-motivated dilatory tactics, for decades together. On the contrary, the section is intended to help those who have not been offered or paid the compensation despite it being the legal obligation of the acquiring body so to do, and/or who have .....

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inaction or otherwise by operation of law. Fraudulent and stale claims are not at all to be raised under the guise of section 24. Misuse of provisions of section 24(2) cannot be permitted. Protection by the courts in cases of such blatant misuse of the provisions of law could never have been the intention behind enacting the provisions of section 24 (2) of the 2013 Act; and, by the decision laid down in Pune Municipal Corporation (supra), and this Court never, even for a moment, intended that su .....

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eriod 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 whic .....

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on proceedings were held up on account of any stay or injunction by the order of any Court be excluded in computing the relevant period. In that view of the matter, it can be safely concluded that the legislature has consciously omitted to extend the period of five years indicated in Section 24(2) 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. Such casus omissus cannot be supplied by the Court in view of law on t .....

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to Section 11-A which was added by Amendment Act 68 of 1984. Clearly, the legislature has, in its wisdom, made the period of five years under Section 24(2) of the 2013 Act absolute and unaffected by any delay in the proceedings on account of any order of stay by a Court. The plain wording used by the legislature are clear and do not create any ambiguity or conflict. In such a situation, the Court is not required to depart from the literal rule of interpretation. In Shree Balaji (supra) a Divisio .....

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tion 24(2), reference has also been made in Shree Balaji, to the decision of a 3-Judge Bench of this Court in Union of India v. Shiv Raj (2014) 6 SCC 564. The Division Bench in Yogesh Kumar & Ors. v. State of Madhya Pradesh and Ors. while referring the matter to the larger Bench has observed that in Union of India & Anr. v. Shiv Raj (supra), there is no view expressed on the question whether the period during which the award had remained stayed, should be excluded for the purpose of cons .....

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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 L .....

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n. 104. In our opinion, when there is interim stay with respect to possession or order of status quo or stay on further proceedings etc., there is no justification for authorities to proceed any further with respect to payment of compensation or otherwise as these obligations are intertwined in the scheme of land acquisition. Everything stands still till the interim order is vacated. There are cases also in which we have come across that the High Court in writ petition has illegally set aside th .....

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in section 114 of the Act of 2013 read with and section 6(e) of the General Clauses Act and no different intention appears in such matters in view of provisions contained in section 24 of the Act of 2013. 105(a). In Abhey Ram (Dead) by LRs. & Ors. v. Union of India & Ors. (1997) 5 SCC 421, this Court considered the extended meaning of words stay of the action or proceedings and referring to various decisions observed that any type of the orders passed by this Court would be an inhibitiv .....

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n 6 would equally be extendible to the cases relating to the appellants? We proceed on the premise that 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 m .....

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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 to proceed further. When the action of conducting an enquiry under Section 5-A was put in issue and the declaration under Section 6 was questioned, necessarily unless the Court holds that .....

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express no opinion on its correctness, though it is open to doubt. (emphasis supplied) 105(b). In Om Parkash v. Union of India & Ors. (2010) 4 SCC 17, this Court observed thus : 72. Thus, in other words, the interim order of stay granted in one of the matters of the landowners would put complete restraint on the respondents to have proceeded further to issue notification under Section 6 of the Act. Had they issued the said notification during the period when the stay was operative, then obvi .....

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last 7 years and thereafter respondent took no action in pursuance of the award. That was also one of the distinguishing features of Shiv Raj s case (supra) and it was largely based upon circular issued on the basis of the opinion of the Solicitor General. 105(d). A Three-Judge Bench of this Court in Suresh Chand v. Gulam Chisti (1990) 1 SCC 593, while referring to Atma Ram Mittal v. Ishwar Singh Punia (1988) 4 SCC 284, had observed: "17. It was argued that the words 'commencement of t .....

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ing 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 'commence .....

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led to such protection. Such an interpretation would encourage the tenant to protract the litigation and if he succeeds in delaying the disposal of the suit till the expiry of ten years he would secure the benefit of Section 39, otherwise not. We are, therefore, of the opinion that it is not possible to uphold the argument. (emphasis supplied) 105(e). A Constitution Bench of this Court in Shyam Sunder & Ors. v. Ram Kumar & Anr. (2001) 8 SCC 24, held that substantive rights of the parties .....

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ce after the judgment appealed from has been rendered because the rights of the parties in an appeal are determined under the law in force on the date of suit. However, the position in law would be different in the matters which relate to procedural law but so far as substantive rights of parties are concerned they remain unaffected by the amendment in the enactment. We are, therefore, of the view that where a repeal of provisions of an enactment is followed by fresh legislation by an amending A .....

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nding act provides otherwise. We have carefully looked into new substituted section 15 brought in the parent Act by Amendment Act 1995 but do not find it either expressly or by necessary implication retrospective in operation which may affect the right of the parties on the date of adjudication of suit 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 substitut .....

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, 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 Pr .....

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the Court within one year of the discovery of the offence if he is to have the benefit of proceeding under the Act. That means that if the complaint is presented within one year of such discovery, the requirements of Section 15 are satisfied. The period of limitation, it should be remembered, is intended to operate against the complainant and to ensure diligence on his part in prosecuting his rights, and not against the Court. Now, it will defeat the object of the enactment and deprive traders .....

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w v. Institute of Cardio Vascular Diseases, (2014) 2 SCC 62, relied upon decision in DauDayal (supra) and observed: 29. Section 473 reads as under: 473. Extension of period of limitation in certain cases. - Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it .....

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uting 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 complaina .....

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dure would be unsustainable and would render it unconstitutional. It is well settled that a court of law would interpret a provision which would help sustaining the validity of the law by applying the doctrine of reasonable construction rather than applying a doctrine which would make the provision unsustainable and ultra vires the Constitution. (U.P. Power Corporation Ltd. v. Ayodhaya Prasad Mishra). (emphasis supplied) 106. When once the court has restrained the State authorities to take posse .....

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his own wrong. No person ought to have advantage of his own wrong. A litigant may be right or wrong. Normally merit of lis is to be seen on date of institution. One cannot be permitted to obtain unjust injunction or stay orders and take advantage of own actions. Law intends to give redress to the just causes; at the same time, it is not its policy to foment litigation and enable to reap the fruits owing to the delay caused by unscrupulous persons by their own actions by misusing the process of .....

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d and such party could not take the benefit of change in law. CASUS OMISSUS: 108. It was urged that there was casus omissus while not excluding the period of interim stay in the provisions of section 24. While Parliamentary Committee discussed the matter, Delhi Government has put forward its case that the period spent during the stay should be excluded and such provision be inserted in section 24. Later on, by way of Ordinance it was to be incorporated as the second proviso, the Ordinance has la .....

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ection 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 .....

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us makes it clear that it cannot be said to be a casus omissus and merely because certain provisions have been made in sections 19 and 69 excluding the period of stay, it would not mean that in the provisions of section 24, there is casus omissus it is not to be readily inferred. In the provisions contained in section 19 of the Act of 2013 there is prescription of the period of limitation in which a declaration has to be issued, it was equivalent to section 6 of the Act of 1894, as such the prov .....

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e they were not able to perform obligation due to court order or conduct of landowners. Obviously the legal provisions have to be interpreted in the light of the settled principles of common law unless they are excluded, and in case a person is litigating for several decades, non-acceptance of compensation and questioning the acquisition, cannot be permitted to ask for compensation or claim lapse under 2013 Act. 110. In Shivraj (supra), this court did not consider the question of exclusion of th .....

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us 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 inten .....

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served 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 under the disguise of interpretation. 14. While interpreting a provision the Court only interprets the law and cannot legislate it. If a provision of law is misused and subjected to the abuse of process of law, .....

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service of High Court's order. Such a view cannot reconciled with the language of Section 6(1). If the view is accepted it would mean that a case can be covered by not only Clauses (i) and/or (ii) of the proviso to Section 6(1), but also by a non-prescribed period. Same can never be the legislative intent. 15. Two principles of construction - one relating to casus omissus and the other in regard to reading the statute as a whole - appear to be well settled. Under the first principle a casus .....

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nt of the whole statute. This would be more so if literal construction of a particular clause leads to manifestly absurd or anomalous results which could not have been intended by the Legislature. "An intention to produce an unreasonable result", said Danckwerts, L.J., in Artemiou v. Procopiou (1966 1 QB 878), "is not to be imputed to a statute if there is some other construction available". Where to apply words literally would "defeat the obvious intention of the legisl .....

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pra) 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 perio .....

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tion under section 6 of the Act of 1894. It was observed that the language of section 6 was plain and unambiguous; there was no scope for reading something into it, as had been done in N. Narasimhaiah v. State of Karnataka, (1996) 3 SCC 88. In State of Karnataka v. D.C. Nanjudaiah, (1996) 10 SCC 619, the period had been stretched further, so as to have the time period run from date of service of the High Court s order. This Court, in Padma SundaraRao (supra), held that such a view could not be r .....

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d to run from date of service of the High Court s order; in that, it was not open to the court to add to that period. 112. The question for consideration in Padma Sunder Rao (supra) was entirely different from what we are concerned with. In the instant case, the question is not of the exclusion of period, but is of the application of the Common Law maxims, and of what it is that section 24 of the Act of 2013 intends; the issue before us is not as to add to the period of limitation, with which th .....

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w principles thus: 9. Generally, the rights of the crown to recover the debt would prevail over the right of a subject. Crown debt means the debts due to the State or the king; debts which a prerogative entitles the Crown to claim priority for before all other creditors. [See Advanced Law Lexicon by P. Ramanatha Aiyar (3rd 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 .....

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he 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 st .....

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e in the statute itself or the applicability is ousted by implication. 115. The afore-extracted observations in respect of the principle of interpretation that if something is expressed in a provision, anything contrary is impliedly excluded, are themselves based on the maxim "expressio unius est exclusio alterius". This maxim has been held to have limit of operation and is not of universal application in Mary Angel v. State of Tamil Nadu (1999) 5 SCC 209. Thus, mere fact that in some .....

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's Bench in the case of Dean v. Wiesengrund (1955) 2 QBD 120. The Court considered the said maxim and held that after all it is more than an aid to construction and has little, if any, weight where it is possible, to account for the "exclusiounius" on grounds other than intention to effect the "exclusioalterius". Thereafter, the Court referred to the following passage from the case of Colquhoon v. Brooks (1887) 19 QBD 400 wherein the Court called for its approval-"th .....

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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 Rul .....

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(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 must endeavour to ascertain the legislative intent and purpose, and then adopt a rule of construction which effectuates rather than one that may defeat these. Moreover the rule of prohibition by necessary implication could be applied only where a specified procedure is laid down for the performance of a duty. Although Rule 52 makes an assess .....

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al circumstances not foreseen by the framers of the Act or the rules. If the assessee disputes the correctness of the demand an assessment becomes necessary to protect the interests of the assessee. A case like the one before us falls more properly within the residuary class of unforeseen cases. We think that, from the provisions of Section 4 of the Act read with Rule 10A, an implied power to carry out or complete an assessment, not specifically provided for by the rules, can be inferred. No wri .....

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iled writ applications questioning the land acquisitions. Further, it is also observed, that repeatedly, successive writ applications have also been filed by the persons who have purchased the property after issuance of notification under section 4 and, in some instances, even after passing of the award, possession taken and when the land has absolutely vested in the State Government, that such persons are calling into question the land acquisition. We have come across several cases when the cha .....

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ed 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 r .....

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th no viable legal defense with which to save the acquisition in such proceedings made decades before. 118. Shri Patwalia has pressed into service the doctrine of lax non cogit ad impossibilia and has urged us to consider the scope and application of the same. He argued that a law does not expect the State authorities to do what cannot possibly be performed by owing to the adamant attitude and conduct of such landowners; it is a settled proposition of law that law does not expect a party to do t .....

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tion is envisaged under the Act or the Rules thereunder and therefore, an election petition could, under no circumstances, be presented to the Registrar to save the period of limitation. It is a well-settled salutary principle that if a statute provides for a thing to be done in a particular manner, then it has to be done in that manner and in no other manner. [See with advantage: Nazir Ahmad v. King Emperor; Rao Shiv Bahadur Singh and Anr. v. State of Vindhya Pradesh 1954 CriLJ 910 State of Utt .....

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e before whom the election petition could be formally presented in the open Court nor the Bench hearing civil applications and motions was admittedly 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 n .....

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ration 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 the consideration of particular cases. The applicability of the aforesaid maxims has been approved by this Court in Raj Kumar Day and Ors. v. Tarapada .....

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ition would stand wiped off. They could not even claim higher compensation in Reference Court, in case they accept the compensation without protest. It is only after accepting the compensation under protest that they can seek reference under section 18 of the Act of 1894. 121. Learned Counsel has relied upon decision in Industrial Finance Corporation of India Ltd. v. Cannanore Spinning and Weaving Mills Ltd. (2002) 5 SCC 54 in which the Court observed: 30. The Latin Maxim referred to the English .....

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which admits of ample practical illustration, that impotentiaexcusatlegem; where the law creates a duty or charge, and the party is disabled to perform it, without any default in him, and has no remedy over, there the law will in general excuse him (t) : and though impossibility of performance is, in general, no excuse for not performing an obligation which a party has expressly undertaken by contract, yet when the obligation is one implied by law, impossibility of performance is a good excuse. .....

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mplication 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. I .....

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person to do what he could have done on a holiday, on the next working day. Where, therefore, a period is prescribed for the performance of an act in a court or office, and that period expires on a holiday, then the act should be considered to have been done within that period if it is done on the next day on which the court or office is open. The reason is that law does not compel the performance of an impossibility. (See Hossein Ally v. Donzelle) ILR 5 Cal 906. Every consideration of justice a .....

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ppears to be slightly on the higher side and is reduced to 9% to be paid with effect from 03.12.2001, i.e., the date on which the letter was received by HUDA. (emphasis supplied) 123. In Re: Presidential Poll, (1974) 2 SCC 33 this court has observed: ………… (v) The maxim of law impotentia excusat legem is intimately connected with another maxim of law lex non cogit ad impossibilia. Impotentia excusat legem is that when there is a necessary or invincible disability to pe .....

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trol, like the act of God, the circumstances will be taken as a valid excuse. Where the act of God prevents the compliance of the words of a statute, the statutory provision is not denuded of its mandatory character because of supervening impossibility caused by the act of God. (Sec Broom's Legal Maxims 10th Edition at pp. 1962-63 and Craies on Statute Law 6th Ed. p. 268) . (emphasis supplied) 124. In Standard Chartered Bank v. Directorate of Enforcement, AIR 2005 (2) SC 2622, this court hel .....

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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 ba .....

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ng . 126. The author Broom, in Legal Maxims, has discussed the maxim, and observed: Tender: Again, where a creditor refuses a tender sufficient in amount, and duly made, he cannot afterwards, for purposes of oppression or extortion, avail himself of such refusal; for, although the debtor still remains liable to pay whenever required so to do, yet the tender operates in bar of any claim for damages and interest for not paying or for detaining the debt, and also of the costs of an action brought t .....

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, culminated into a stay/interim order, the party which thus refused to accept the amount, indulging instead in the theater of the absurd , cannot turn around and contend that the other party should now be visited with the penalty for non-payment. The author Broom, in regard to the maxim, has remarked thus: Further, we may remark that the maxim which precludes a man from taking advantage of his own wrong is, in principle, closely allied to the maxim, ex dolo malo non oritur action, which is like .....

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e 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 .....

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ndency of litigation it merges in the final order. In case the case is dismissed the interim order passed during its pendency is nullified automatically. It is also settled that a party cannot be allowed to take benefit of his own wrong as commodum ex injuria sua nemo habere debet i.e. convenience cannot accrue to a party from his own wrong. No person ought to have advantage of his own wrong. In case litigation has been filed without any basis and interim order is passed it would be giving illeg .....

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ad with illustration ©, clearly lays down that where an obligation is cast on the mortgagee and in breach of the said obligation he purchases the property for himself, he stands in a fiduciary relationship in respect of the property so purchased for the benefit of the owner of the property. This is only another illustration of the well-settled principle that a trustee ought not to be permitted to make a profit out of the trust. The same principle is comprised in the latin maxim commodum con .....

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escue of the opposite party who has suffered due to interim order and was unable to take steps. The principle that the act of the court shall prejudice no one is clearly applicable in such a case. The court is under an obligation to undo a wrong done to a party by the act of the court and to make restitution under inherent powers. Thus any undeserved or unfair advantage gained by a party invoking the jurisdiction of the court must be neutralized, as institution of litigation cannot be permitted .....

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orities 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 t .....

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ths till the date of payment of such duty. Prior to the insertion of Section 11AA , there was no specific provision in the Central Excises and Salt Act, 1944 under which the department could recover interest on delayed payment of duty. But this Court had, in suitable cases, directed payment of interest. Two such decisions have been brought to our notice. In the case of KashyapZip Ind vs. Union of India & Ors. 1993 (64) ELT 161(SC), the recovery of disputed duty had been stayed by an interim .....

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which the writ petition came to be dismissed by the High Court. (emphasis supplied) 131(b). This Court in Jaipur Municipal Corpn. v. C.L. Mishra (2005) 8 SCC 423 has observed that interim order merges in final order, it cannot have independent existence, cannot survive beyond is. Thus, no benefit of interim order can be taken. 131(c). This Court in Ram Krishna Verma v. State of U.P. (1992) 2 SCC 620, relying upon earlier decision in Grindlays Bank Ltd. v. Income Tax Officer, Calcutta (1980) 2 SC .....

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erent jurisdiction ex debito justitiae has a duty to mitigate the damage suffered by the defendants by the act of the court. Such action is necessary 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 simila .....

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lied) 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 of actus curiae neminem gravabit and held that the doctrine was not confined in its application only to such acts of the Court which were erroneou .....

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have suffered but for the order of the Court and the act of such party, then the successful party finally held entitled to a relief, assessable in terms of money at the end of the litigation, is entitled to be compensated in the same manner in which the parties would have been if the interim order of the Court would not have been passed. 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 w .....

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y of Sub-section (5) of Section 21. As the appellants have lost from the Court they cannot be allowed to retain the benefit earned by them under the interim orders of the Court. The High Court has rightly held the appellants liable to be placed in the same position in which they would have been if this Court would not have protected them by issuing interim orders . All that the State Government is demanding from the appellants is the price of the minor minerals. Rent, royalty or tax has already .....

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dent 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 seriou .....

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though is not a plant of an easy growth yet is with deep root in the Indian polity that delay has occurred due to procedural wrangles. The appellant may be guilty of grave offences alleged against him or he may be completely or if not completely to a large extent, innocent. Values in public life and perspective of these values in public life have undergone serious changes and erosion during the last few decades. What was unheard of before is common place today. A new value orientation is being .....

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not be an ideal politician. It is a fact, however, that the allegations have been brought against him by a person belonging to a political party opposed to his but that is not the decisive factor. If the appellant Shri Abdul Rehman Antulay has infringed law, he must be dealt with in accordance with the law. We proclaim and pronounce that no man is above the law, but at the same time reiterate and declare that no man can be denied his rights under the Constitution and the laws. He has a right to .....

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ve been guided. By reason of giving the directions on 16th February 1984 this Court had also unintentionally caused the appellant the denial of rights under Article 14 of the Constitution by denying him the equal protection of law by being singled out for a special procedure not provided for by law. When these factors are brought to the notice of this Court, even if there are any technicalities this Court should not feel shackled and decline to rectify that injustice or otherwise the injustice n .....

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s 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 satisfact .....

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herent powers can be exercised to remedy the mistake. Mahajan, J. speaking for a four-Judge Bench in Kishan Deo v. Radha Kissen [1953]4SCR136 stated: The Judge had jurisdiction to correct his own error without entering into a discussion of the grounds taken by the decree-holder or the objections raised by the judgment-debtors. 131(h).The Constitution Bench in Sarah Mathew v. Institute of Cardio Vascular Diseases, (2014) 2 SCC 62, has considered the aforesaid maxim; it observed: 39. As we have al .....

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;vigilantibus et non dormientibus, jura subveniunt'. Chapter XXXVI of the Code of Criminal Procedure which provides limitation period for certain types of offences for which lesser sentence is provided draws support from this maxim. But, even certain offences such as Section 384 or 465 of the Indian Penal Code, which have lesser punishment may have serious social consequences. Provision is, therefore, made for condonation of delay. Treating date of filing of complaint or date of initiation o .....

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axims. 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 .....

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n 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 stay the court passes such suitable or appropriate orders as will protect the interest of the parties and will not prejudice either party. Even when certificate to appeal to this Court was granted on 1 August 1963, the State did not ask for any order for stay of operation of the judgment. That is quite often done. For the first time, on 10 August 1964 the Stat .....

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2) of the New Act. The State did not endeavour to obtain appropriate orders to surmount the difficulties by reason of the injunction against taking steps within the time contemplated in Section 7(2) of the New Act. The State is guilty of default. The State had remedies open to take steps by asking for modification of the order. The State had to assert the right that the State was entitled to demand taxes and the respondent was liable to pay the same. The State followed the policy of inactivity. .....

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UP & Ors., (2017) SCC Online SC 258, wherein this court has observed: 31. It is noticeable from the aforesaid passage that the interpretation was made in accordance with the Code and the legal maxim was taken as a guiding principle. Needless to say, it is well settled in law that no one should suffer any prejudice because of the act of the court. The authorities that we have referred to dealt with the different factual expositions. The legal maxim that has been taken recourse to cannot opera .....

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r 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 consider .....

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r otherwise due to the court s proceedings, it was not paid/accepted. Now you must suffer due to said act of mine. This would be against all canons of justice and settled propositions of law in Uma Devi v. State of Karnataka (2006) 6 SCC 1 where this court has directed as one-time measure regularization of those incumbents only, those who have served for more than ten years without cover of the court's order. It was also based upon aforesaid principles that no one can be permitted to take ad .....

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t the position would be in case State authorities were, by an order of the court, restrained from taking possession, though they would have otherwise taken the possession in the absence of such an order; and, ultimately, there is no merit found in the lis in which challenge to acquisition had been raised and interim order had been passed. The question is whether the provisions of Section 24 (2) contemplate such a situation, and whether such period is to be excluded from within the purview of Sec .....

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be invoked. Section 24(2), a policy of the law is not to benefit a litigant or confer undeserving benefit by involving in the lis and to reap 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 .....

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o 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 which enjoins a duty upon the courts to do complete justice to the party at the time of final decision. Successful party at the end of the litigation has to be placed a .....

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the principle of restitution takes care of this submission. The word 'restitution' in its etymological sense means restoring to a party on the modification, variation or reversal of a decree or order, what has been lost to him in execution or decree or order or the court or indirect consequence of a decree or order (See Zafar Khan and Ors. v. Board of Revenue, U.P., and Ors., : [1985] 1 SCR 287. In law, the term 'restitution' is used in three senses; (i) return or restoration of .....

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on for injury done. "Often, the result in either meaning of the term would be the same. ..... Unjust impoverishment, as well as unjust enrichment, is a ground for restitution. If the defendant is guilty of a non-tortuous misrepresentation, the measure of recovery is not rigid but, as in other cases of restitution, such factors as relative fault, the agreed upon risks, and the fairness of alternative risk allocations not agreed upon and not attributable to the fault of either party need to b .....

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sion. 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 earn .....

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ffect of the interim order passed which, in view of the reasoning adopted by the court at the stage of final decision, the court earlier would not or ought not to have passed. There is nothing, wrong in an effort being made to restore the parties to the same position in which they would have been if the interim order would not have existed. 27. Section 144 of the C.P.C. is not the fountain source of restitution; it is rather a statutory recognition of a pre-existing rule of justice, equity and f .....

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or indeed does this duty or jurisdiction arise merely under the said section. It is inherent in the general jurisdiction of the Court to act rightly and fairly according to the circumstances towards all parties involved. Cairns, L.C., said in Rodger v. Comptoir d'Escompte de Paris, (1871) L.R. 3: "One of the first and highest duties of all Courts is to take care that the act of the Court does no injury to any of the suitors and when the expression, the act of the Court is used, it does .....

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f restitution to myriad situations not strictly falling within the terms of Section 144. 28. That no one shall suffer by an act of the court is not a rule confined to an erroneous act of the court; the 'act of the court' embraces within its sweep all such acts as to which the court may form an opinion in any legal proceedings that the court 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 .....

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f 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 a .....

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is not gambling yet there is an element of chance in every litigation. Unscrupulous litigants may feel encouraged to approach the Courts, persuading the court to pass interlocutory orders favourable to them by making out a prima facie case when the issues are yet to be heard and determined on merits and if the concept of restitution is excluded from application to interim orders, then the litigant would stand to gain by swallowing the benefits yielding out of the interim order even though the b .....

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onscience of court, it had also been discussed in State of Gujarat v. Essar Oil Ltd., (2012) 3 SCC 522; it was held that: 61. The concept of restitution is virtually a common law principle and it is a remedy against unjust enrichment or unjust benefit. The core of the concept lies in the conscience of the Court which prevents a party from retaining money or some benefit derived from another which he has received by way of an erroneous decree of Court. Such remedy in English Law is generally diff .....

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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 t .....

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e to the losing party, the amount by which he has been enriched. (emphasis supplied) 140(c). In A. Shanmugam v. Ariya Kshatriya Rajakula Vamsathu Madalaya Nandhavana Paripalanai Sangam, (2012) 6 SCC 430, by relying upon the decision rendered in Indian Council for Enviro-Legal Action v. Union of India [(2011) 8 SCC 161]. The jurisdiction to restitution is inherent in every court. Court has to neutralize advantage of litigation. The person on right side of law should not be frustrated. The wrongfu .....

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dgment dealing with relevant judgments are reproduced hereunder: 170. This Court in Grindlays Bank Limited v. Income Tax Officer, Calcutta (1980) 2 SCC 191 observed as under: When passing such orders the High Court draws on its inherent power to make all such orders as are necessary for doing complete justice between the parties. The interests of justice require that any undeserved or unfair advantage gained by a party invoking the jurisdiction of the court, by the mere circumstance that it has .....

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Bahl's case and the High Court earlier thereto. As a fact, on the expiry of the initial period of grant after Sept. 29, 1959, they lost the right to obtain renewal or to ply their vehicles, as this Court declared the scheme to be operative. However, by sheer abuse of the process of law, they are continuing to ply their vehicles pending hearing of the objections. This Court in Grindlays Bank Ltd. v. Income-tax Officer - [1990] 2 SCC 191 held that the High Court while exercising its power unde .....

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nfair 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 dem .....

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titution inherent in every court. 173. This Court in Marshall Sons and Company (I) Ltd. v. Sahi Oretrans (P) Ltd. and Anr. (1999) 2 SCC 325 observed as under: From the narration of the facts, though it appears to us, prima facie, that a decree in favour of the Appellant is not being executed for some reason or the other, we do not think it proper at this stage to direct the Respondent to deliver the possession to the Appellant since the suit filed by the Respondent is still pending. It is true t .....

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able property, its execution takes long time. In such a situation for protecting the interest of judgment creditor, it is necessary to pass appropriate order so that reasonable mesneprofit which may be equivalent to the market rent is paid by a person who is holding over the property. In appropriate cases, Court may appoint Receiver and direct the person who is holding over the property to act as an agent of the Receiver with a direction to deposit the royalty amount fixed by the Receiver or pas .....

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als to prolong the litigation so as to deprive the rights of a person and enjoy the fruits of illegalities. I consider 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 f .....

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h 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 and have the last laugh. This class of people who perpetuate illegal acts by obtaining stays and injunctions from the Courts must be made to pay the sufferer not only the entire illegal gain .....

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that such wrongdoers are discouraged at every step and even if they succeed in prolonging the litigation due to their money power, ultimately they must suffer the costs of all these years-long litigation. Despite settled legal positions, the obvious wrongdoers, use one after another tier of judicial review mechanism as a gamble, knowing fully well that dice is always loaded in their favour, since even if they lose, the time gained is the real gain. This situation must be redeemed by the Courts&q .....

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Court which had granted the stay. Grant of stay does not automatically amount to extension of a statutory protection. 188. In a relatively recent judgment of this Court in Amarjeet Singh and Ors. v. Devi Ratan and Ors. (2010) 1 SCC 417 the Court in para 17 of the judgment observed as under: (SCC pp.422-23) 17. No litigant can derive any benefit from mere pendency of case in a court of law, as the interim order always merges in the final order to be passed in the case and if the writ petition is .....

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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 .....

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ounden duty of the court to ensure that dishonesty and any attempt to abuse the legal process must be effectively curbed and the court must ensure that there is no wrongful, unauthorized or unjust gain for anyone by the abuse of the process of the court. One way to curb this tendency is to impose realistic costs, which the Respondent or the Defendant has in fact incurred in order to defend himself in the legal proceedings. The courts would be fully justified even imposing punitive costs where le .....

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n. The object and true meaning of the concept of restitution cannot be achieved or accomplished unless the courts adopt a pragmatic approach in dealing with the cases. (emphasis supplied) 140(d). In Krishnaswamy S. Pd. & Anr v. Union of India & Ors., Civil Appeal Nos.3376-3377 of 2000 decided on 21.02.2006 this Court has considered the question of restitution. This court has relied upon Eastern Coalfield s case (supra) and observed: The maxim 'actus curiae neminem gravabit' i.e. .....

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se which serves a safe and certain guide for the administration of law. The other relevant maxim is, lex non cogit ad impossibilia: the law does not compel a man to do what 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 the consideration of particular cases. (See: M/s U.P.S.R.T.C. v. lmtiaz Hussein (2006 .....

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visions 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 .....

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general application of section 6 of the General Clauses Act, 1897 with regard to the effect such repealing provision we have to consider provisions in Section 6 of the General Clauses Act. It is extracted hereunder: 6. Effect of repeal. -Where this Act, or any 1 [Central Act] or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not - (a) revive anything not in force or exi .....

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h right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed. 144. Thus, section 6 of the General Clauses Act provides that unless a different intention appears, the repeal shall not revive anything not in force. Section 6(b) provides that it would not .....

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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 develop .....

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s been offered to the person interested and also that such compensation has been deposited in court. The compensation is paid within the meaning of section 24(2) when the Collector has offered and in case of refusal deposited the amount of compensation in court and has discharged his obligation under Section 31(2). The Court has also laid down that amount of deposit of compensation in Government Treasury is not equivalent to the amount of compensation paid to landowners/persons interested. This .....

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mpermissible hence it could not be said that the amount was deposited as required under Section 31(2) of the Act of 1894. Reliance was also placed on the decision in Prem Nath Kapur (supra) wherein this Court had observed : 13. Thus we hold that the liability to pay interest on the amount of compensation determined under Section 23(1) continues to subsist until it is paid to the owner or interested person or deposited into court under Section 34 read with Section 31. Equally, the liability to pa .....

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ate on which the deposit into court is made with the amount of compensation so deposited. As held earlier, the computation of the interest should be calculated from the date of taking possession till date of payment or deposit in terms of Section 34 or deposit into court in terms of Section 28, as the case may be. 145(c). The question in aforesaid decisions was only with respect to liability to pay interest from the date of taking possession till the amount is paid or deposited. The decisions ar .....

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e 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 & .....

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not arise for consideration. It was not a case where amount was tendered or paid under Section 31(1) of the Act of 1894 and there was refusal and in that case possession had also not been taken. There was no vesting of the land. The case is distinguishable. In the said decision various aspects were not urged for consideration. Thus, it cannot be said to be laying down the law as to what has not been decided. 145(e). Reliance has also been placed on Bimla Devi & Ors. v. State of Haryana & .....

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on advice of its law officer cannot be said to have force of law. It was based on certain legal opinion. The circular issued cannot be said to have any binding force with respect to actual legal position. As already discussed there is no discussion in said case with respect to the impact of the interim order of stay or litigation which has prevented the authorities from taking action in Shiv Raj (supra). 145(g). In Magnum Promoters Pvt. Ltd. v. Union of India &Ors. (2015) 3 SCC 327, Shree Ba .....

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held to be prospective in operation. The correctness of the decision need not be further examined as the Ordinance itself has lapsed and for various 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). Radianc .....

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as 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 three out of four exigencies provided in section 31(2) as discussed above. 145(j). In Delhi Development Authority v. Sukhbir Singh & Ors. .....

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icipal Corpn. (supra). In State of Haryana & Anr. v. Devander Sagar & Ors. (2016) 14 SCC 746, this Court has held that the compensation had been paid; HUDA had taken possession. As per requirement of section 24, award was also passed. The acquisition had been allowed to become final. Thus challenge to acquisition under the Act of 2013 was repelled. 145(k). In Aligarh Development Authority v. Megh Singh & Ors. (2016) 12 SCC 504, the award was not passed when the Act of 2013 came into .....

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al Corpn. (supra), Bimla Devi (supra), Shree Balaji Residential Association (supra) and Shiv Raj (supra) have been followed. It proceeds on the same reasoning as that of Pune Municipal Corpn. (supra). 145(m). In Pawan Kumar Aggarwal v. State of Punjab & Ors. (2016) 7 SCC 614, decision in Karnail Kaur (supra) has been followed. In that case, there is not much discussion. Only the fact has been mentioned that the appellant has not been dispossessed, as such protection under section 24(2) was a .....

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s 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 .....

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e rendered must later bind like cases. We do not intend to detract from the rule that, in exceptional instances, whereby obvious inadvertence or oversight a judgment fails to notice a plain statutory provision or obligatory authority running counter to the reasoning and result reached, it may not have the sway of binding precedents. It should be a glaring case, an obtrusive omission. No such situation presents itself here and we do not embark on the principle of judgment per incuriam. 147(b). In .....

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, 5th Edn., pages 128 and 130; Young v. Bristol Aeroplane Co. Ltd. [1944] 2 AER 293. Also see the observations of Lord Goddard in Moore v. Hewitt [1947] 2 A.E.R. 270-A and Penny v. Nicholas [1950] 2 A.E.R. 89. "per incuriam" are those decisions given in ignorance or forgetfulness of some inconsistent statutory provision or of some authority binding on the Court concerned, so that in such cases some part of the decision or some step in the reasoning on which it is based, is found, on th .....

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dhvan Ghoshal v. Deorajini Devi [1960] 3 SCR 590 . The ratio of the decision as it appears from pages 601 to 603 is that the judgment which does not terminate the proceedings, can be challenged in an appeal from final proceedings. It may be otherwise if subsequent proceedings were independent ones. (emphasis supplied) 147(c). In State of Uttar Pradesh v. Synthetics and Chemicals Ltd., (1991) 4 SCC 139, as to per incuriam this court has observed: 40. 'Incuria literally means 'carelessness .....

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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 sho .....

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without application of mind or proceeded without any reason so that in such a case some part of the decision or some step in the reasoning on which it is based, is found, on that account to be demonstrably wrong. (emphasis supplied) 148. To refer the case to larger Bench, reliance was placed by the landowners on Sant Lal Gupta v. Modern Coop. Societies Ltd. 2010 13 SCC 336 laying down thus: 17. A coordinate bench cannot comment upon the discretion exercised or judgment rendered by another coord .....

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cial Accountability v. Union of India and Ors. (1992) 4 SCC 97; and State of Tripura v. Tripura Bar Association and Ors. (1998) 5 SCC 637). 18. In Rajasthan Public Service Commission and Anr. v. Harish Kumar Purohit and Ors. (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 th .....

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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 .....

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2013. Insofar as the decision of the coordinate bench of this Court in Sree Balaji Nagar Residential Association (supra) is concerned, having read and considered paragraphs 11 and 12 thereof, as extracted above, it is our considered view that the legal effect of the absence of any specific exclusion of the period covered by an interim order in Section 24(2) of the Act of 2013 requires serious reconsideration having regard to the fact that it is an established principle of law that the act of the .....

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sition, there was no room for this court to entertain the submissions based upon section 24(2) of the Act of 2013. There was no question of payment of compensation to the owners or depositing it in the court as land acquisition itself had been quashed in 2008. There was no subsisting acquisition and award. When Act of 2013 came into force thus no question could have been raised as to non-compliance with section 24 for five years or more. Thus, there was no question of taking possession or paymen .....

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o the case cannot be said to be a binding precedent it is obiter dicta and thus has to be ignored. 151. When the High Court has quashed the land acquisition in Pune Municipal Corporation (supra), as we have held that period of interim stay has to be excluded once the High Court has quashed the land acquisition in case it was illegally quashed, the maxim actus curiae neminem gravabit would come to the rescue for the acquiring body and it could not have said that acquisition had lapsed, thus there .....

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th 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 .....

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being lapsed and a period spent in appeal in this Court was to be excluded. 3. The provisions of Section 24(2) could not be said to be applicable to the case once acquisition stood quashed in 2008 by the High Court. Thus, there was no occasion for this court to decide the case on aforesaid aspect envisaged under section 24(2) of the Act of 2013. 4. That statutory rules framed under section 55 of Act of 1894 and orders having statutory force issued under, constitutional provisions or otherwise b .....

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7. What is the meaning of expression paid' as per various binding decisions of this court when the obligation to pay is complete as held in Straw Board Manufacturing Co. Ltd., Saharanpur v. Gobind (supra), Management of Delhi Transport Undertaking v. The Industrial Tribunal, Delhi & Anr. (supra), Indian Oxygen Ltd. v. Narayan Bhoumik (supra) and the Benares State Bank Ltd. v. The Commissioner of Income Tax, Lucknow, (supra) and other decisions were not placed for consideration. 8. The b .....

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of refusal to receive compensation was not placed for consideration while deciding the aforesaid case. 10. There is no lapse of acquisition due to the 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, .....

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aid 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 (supra) are open to be reviewed in appropriate cases on the basis of this decision. CONCLUSIONS : 153. Our answers to the questions are as follows: Q. No. .....

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ct of 2013 in the expression paid,' it is not necessary that the amount should be deposited in court as provided in section 31(2) of the Act of 1894. Non-deposit of compensation in court under section 31(2) of the Act of 1894 does not result in a lapse of acquisition under section 24(2) of the Act of 2013. Due to the failure of deposit in court, the only consequence at the most in appropriate cases may be of a higher rate of interest on compensation as envisaged under section 34 of the Act o .....

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t take advantage of their own wrong and seek protection under the provisions of section 24(2). Q. No. II :- The normal mode of taking physical possession under the land acquisition cases is drawing of Panchnama as held in Banda Development Authority (supra). Q. No. III :- The provisions of section 24 of the Act of 2013, do not revive barred or stale claims such claims cannot be entertained. Q. No. IV :- Provisions of section 24(2) do not intend to cover the period spent during litigation and whe .....

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e 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 quest .....

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Tamil Nadu, (2015) 3 SCC 353 makes 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 for the purpose of determination of the applicability of Section 24(2) of the 2013 Act? ( Question No. 2 ) III Whether the principle of actus curiae neminemgravabit , namely act of the court should not prejudice any parties would be applicable in the present case to exclude the period covered by an interim order for .....

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n arises in Civil Appeal No. 20982/17 (Indore Development Authority v. Shailendra (dead) through LRs. &Ors.). To understand the real controversy to be determined in this question, it is better to have the facts set out in brief, as hereunder: The Indore Development Authority ( the IDA ), acquired land for the purpose of constructing a Ring Road and Link Road on the outskirts of Indore city. A notification under Section 4 (1) read with Section 17 (1) of the Land Acquisition Act, of 1894 (for .....

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hat the scheme lapsed on expiry of three years, and that enquiry under section 5A was illegally dispensed with. Letters Patent Appeal No.480 of 1998 was preferred before the Division Bench and on 29.01.2000 an order of status quo was passed. The LPA was dismissed as not maintainable. However, this Court in 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. .....

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idening 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 dis .....

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r Section 31(2) of the 2013 Act, else the proceedings lapse under Section 24(2) of the 2013 Act; the converse contention was also taken with respect to the Rules of various States, with the argument that the Rules cannot override the express provision in Section 31(2) of the 2013 Act to deposit the compensation in Court. 6. In order to consider the question at hand, a reproduction of the relevant Sections is necessary. Sections 24(1) and (2) of the 2013 Act read as follows, 24. (1) Notwithstandi .....

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Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of .....

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as 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 o .....

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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 .....

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into any arrangement with any person interested in the land and competent to contract in respect thereof. 32. Investment of money deposited in respect of lands belonging to person incompetent to alternate. - (1) If any money shall be deposited in Court under sub-section (2) of the last preceding section and it appears that the land in respect whereof the same was awarded belonged to any person who had no power to alienate the same, the Court shall- (a) order the money to be invested in the purc .....

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d such moneys shall remain so deposited and invested until the same be applied- (i) in the purchase of such other lands as aforesaid; or (ii) in payment to any person or persons becoming absolutely entitled thereto. (2) In all cases of moneys deposited to which this section applies, the Court shall order the costs of the following matters, including therein all reasonable charges and expenses incident thereon, to be paid by the Collector, namely: - (a) the costs of such investments as aforesaid; .....

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oceeding 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 de .....

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on is taken, interest at the rate of fifteen per centum per annum shall be payable from the date of 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. 7. In Pune Municipal Corporation (supra), a Coordinate bench of this Court decided the question as to, whether a deposit in the Treasury amounts to compensation being paid under Section 24(2) of the 2013 Act? In that case, the landowners challenge .....

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mining the rival contentions, interpreted Section 24(2) of the 2013 Act in light of Section 31 of the 2013 Act to hold that where the landowners do not accept compensation pursuant to the Collector s award, the compensation is paid only when it is deposited in Court . If compensation is not deposited in Court in such a case, it will not be considered as having been paid as per Section 24(2) of the 2013 Act, and the acquisition proceedings lapse (provided that the award was made five years or mor .....

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construction to the expression 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 r .....

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on 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 India Ltd., (1996) 2 SCC 71, wherein it was observed that if compensation had been enhanced, but the enhanced amount was not deposited in Court, Section 34 would be attracted. It held that Section 34 mandates payment of interest if the amount is not deposited in Court as per Secti .....

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under Section 11 subsists until it is deposited into court. Propriovigore in case of further enhancement of the compensation on appeal under Section 54 to the extent of the said enhanced excess amount or part thereof, the liability subsists until it is deposited into court. The liability to pay interest ceases on the date on which the deposit into court is made with the amount of compensation so deposited….. Pune Municipal Corporation (supra) also relied on Ivo AgneloSantiamo Fernandes v .....

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23. In the present case, the respondents did not deposit the amount in court, but in their revenue account and utilized the same. Even if the respondent State does pay the compensation to the claimants directly, and the same is not collected, the respondent State cannot then keep the said money with itself and utilize it. In such cases, after a reasonable period, if the claimants do not come forward to collect compensation, then it should be deposited in court by the State. Allowing the State t .....

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n 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). .....

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ioned in the aforesaid sub-section. We are, therefore, of the opinion that no distinction between the facts of this case and the facts in Pune Municipal Corporation can be drawn on this ground, and the ratio of Pune Municipal Corporation will apply on all fours to the facts of the present case. 9. In The Working Friends Cooperative House Building Society Ltd. v. State of Punjab, (2016) 15 SCC 464,the deposit of compensation was made in the Treasury and not in the Court. This compensation was sub .....

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he award has been passed by the Land Acquisition Collector, they have not taken the physical possession of the land and have not paid the compensation to the appellant or had deposited the said compensation before an appropriate forum. The same rationale was adopted in Bimla Devi &Ors. v. State of Haryana, (2014) 6 SCC 583. In Vijay Latka v. State of Haryana, (2016) 12 SCC 487, this Court extended the ratio of Pune Municipal Corporation (supra) to mean that the land owner is not required to .....

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e requisitioning authority to make the payment and does not require the landowner to come and receive the payment. 6. As and when land is taken over by way of acquisition, the landowner has to be 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 Deve .....

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e 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 compensation is paid, nor possession is taken. This leads me to the issue of how to interpret the payment of compensat .....

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property to another who promises to preserve it or to use it and return it in kind; esp., the act of placing money in a bank for safety and convenience. Payment is defined in Black s Law Dictionary (p. 1243)as follows: The performance of an obligation by the delivery of money or some other valuable thing accepted in partial or full discharge of the obligation. The definition of tender has been outlined by this Court in Tata Cellular v. Union of India, (1994) 6 SCC 651 as follows, 69. A tender is .....

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made to the proper person. 9. It must be of full amount. 14. We are not entitled to read the words into an Act of Parliament unless clear reason for it is to be formed within the four corners of the Act itself. However, a statute is to be read as a whole. A statute has to be understood by making construction on all the parts together and not of one part only by itself. Every clause in a statute is to be construed with reference to the context and other clauses of the Act,as far as possible, to .....

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e 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, pa .....

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dings has not been deposited in the account of the beneficiary, then the owners of minority of the land holdings will be entitled to compensation under the 2013 Act, which means that under the proviso, though the owners of a minority of the land holdings have received compensation under the 1894 Act, they would be getting higher compensation under the 2013 Act in case compensation has not been deposited in the account of the beneficiaries in respect of a majority of the land holdings. The word d .....

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deposited in respect of minimum holdings in the account for saving the acquisition. Since the proviso to sub-section 2 of Section 24 does not envisage lapsing of acquisition, even if the payment is not made but is deposited that too with regard to the beneficiaries of a minority of holdings, the same would lead to the inevitable conclusion that the word payment as found in sub-section 2 of Section 24 has a strong link or co-relation with the word deposit . A reading of sub-section 2 of Section .....

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pretation that is possible is that, if either deposit is made in the Treasury in the name of minority holders or payment is made at least to minority holders, the acquisition does not lapse. If the word paid as found in sub-section 2 of Section 24 is not treated as deposited in the account of beneficiaries, then the proviso to 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 a .....

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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 lan .....

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persons interested, viz., (a) persons interested do not give consent to receive the compensation; (b) if there is no person competent to alienate the land; (c) if there is any dispute as to the title or as to the apportionment of compensation. In case any such contingencies arise, the Collector shall deposit the amount of compensation in Court to which a reference under Section 18 would be submitted. If Section 31 is to be read with Section 34 harmoniously, the same would make it clear that non- .....

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may not result in extreme consequence of lapsing of acquisition. 18. Article 283(1) of the Constitution of India mandates that matters pertaining to custody of the Consolidated Fund of India and the Contingency Fund of India, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by the Government of India etc. shall be regulated by law made by the Parliament.Article 283(2) of the Constitution of In .....

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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 per .....

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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 a reference to the Civil Court under section 18, he shall, after any further endeavour to secure their attendance or make payment 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 form prescribed .....

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lly 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 a .....

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resentatives when the award was made, the special 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 a 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 i .....

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he 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 .....

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the treasury as Revenue Deposit payable to the persons to whom it is respectively due and vouched for in Form E. A notice intimating the deposit of the amount into the Treasury shall also be served on all the awardees and interested persons in Form No.11. The Punjab Standing Order No. 28 of 1909, applied to Delhi and Punjab reads as follows, 75. (V) 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 p .....

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due to be paid to the treasury as revenue deposited payable to the persons to whom they are respectively due and vouched for in the Form marked E below. The officer shall also give notice to the payees of such deposits, specifying the treasury in which the deposit has been made. ….. 20. The Punjab Standing Order No. 28 of 1909 was considered by this Court in the case of Sukhbir Singh (supra), wherein it was observed that the said Standing Order provides for five modes of payment of compe .....

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Bengal and Kerala. 21. It is clear that as per these State Rules, payment into the Treasury is nothing but a 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 wi .....

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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. It is merely a matter of procedure as to where the deposit is made. It is also relevant to note that certain High Court Rules viz. Punjab & Haryana and Delhi, provide that a deposit in Cour .....

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ation for Land Taken Up Under the Land Acquisition Act I of 1894 provides for the money paid in Court to be credited as Civil Court Deposits, the accounts of which are ultimately kept by the Treasury (according to paragraph 355 of Chapter XV of the Financial Handbook issued by the Government of U.P.). Rule 10 of the above Rules states that: 10. All payments into Court for deposit under the Act should be made by means of cheques in favour of the presiding officer of the Court, payable by order of .....

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Civil Court Deposits. Thus, it is not the position that a deposit in Court is the only legal form of deposit under the 1894 Act. Compensation was being credited to the Treasury in the past, even after the same was deposited in Court. Thus, the issue where the compensation is deposited is a matter of procedure. 24. When the State Rules and High Court rules permit deposits in the Treasury, it falls to reason that under the scheme of the 1894 Act, failure to pay or deposit in Court under Section 31 .....

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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 i .....

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ion should have been deposited in Court as per Section 31(2) of the 1894 Act. The Calcutta High Court held that the Collector s mistaken payment to the tenant, and the failure of the Collector to deposit in Court, does not bar a reference under Section 18 of the 1894 Act. That Court allowed the acquisition proceedings to stand despite procedural lapses in the payment and deposit of compensation. 27. The case of Damadilal v. Parashram, AIR 1976 SC 2229 : (1976) 4 SCC 855, relied upon by the learn .....

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d to the landowners. As per Section 31(2), if the landowners do not consent to receive compensation, the State shall deposit it in Court. It is often that when a beneficiary does not appear to collect compensation, the State has to depositthe compensation in the Treasury as per the relevant State Rules. But that does not mean that the State has shirked its obligation to compensate the affected persons. It may not always be the case that persons who do not appear on the appointed date are refusin .....

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has been deposited in the Treasury instead of the Court. In light of this, there is no harm done or prejudice caused if the State deposits compensation in the Treasury when landowners do not appear. In fact, as mentioned supra the compensation deposited in Courts is often kept in the 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. .....

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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 pay them the compen .....

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tion as under the State Rules, does not result in the lapse of acquisition proceedings. 31. However, with great respect, I may not subscribe to the views of my learned Brothers on their conclusion that judgment in Pune Municipal Corporation(supra) was rendered per incuriaminasmuch as the judgment cannot be said to have been through lack of care, or out of ignorance of certain important factors. 32. Per incuriam is a Latin term which means through lack of care or through inadvertence (of a judici .....

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t is not possible to reconcile its ratio with that of a previously pronounced judgment of a co-equal or larger bench; or if the decision of a High Court is not in consonance with the views of the Supreme Court. A judgment that was decided perincuriam does not have to be followed as precedent by a court. 33. The doctrine has been examined at length by us. As per A.R. Antulay v. R.S. Nayak, (1988) 2 SCC 602, the doctrine of per incuriam is defined as follows: 42. ……"per incuriam .....

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itution 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 'quota .....

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visions. However, we may not agree with the reasons assigned and conclusions arrived at by the Court in the said judgment. It is no doubt true that the Court inPune Municipal Corporation (supra) was not informed about the Rules of certain States framed under Section 55 of the 1894 Act and certain Rules of High Courts on the point regarding deposit to be made in the Treasury. Though the Rules are not adverted to in the case of Pune Municipal Corporation (supra), the discussion as a whole, if look .....

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nsideration of the effect of the Rules. 36. I may hasten to add here that in the case of Sukhbir Singh (supra), the Court did consider the effect of the Rules framed by Delhi, Punjab and Haryana Governments. But the conclusion rendered in Sukhbir Singh (supra) was in conformity with the judgment in Pune Municipal Corporation (supra). 37. The judgment in Pune Municipal Corporation (supra) is the first judgment on the issue in question by a three-Judge Bench of this Court. Hence, it cannot also be .....

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thers. However, I may not subscribe to the views of my learned brothers that the judgment in Pune Municipal Corporation (supra) is rendered per incuriam. 39. Hence, the proper course for me in light of my reasoning and opinion is to refer the matter to a larger Bench. In Sant Lal Gupta v. Modern Cooperative Group Housing Society Ltd., (2010) 13 SCC 336 this Court observed as under: 17. A coordinate bench cannot comment upon the discretion exercised or judgment rendered by another coordinate benc .....

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lity 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 .....

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views on the subject which may be in addition to the views of my brothers. 41. These questions arise together in SLP (Civil) No. 10742/08 (Yogesh Neema&Ors. v. State of M.P. &Ors.). To understand the real controversy to be determined in this question, the facts may be set out in brief as follows: The lands of several villagers were acquired for the Onkareshwar Dam in Madhya Pradesh. Certain lands were acquired for the establishment of rehabilitation sites. However, additional land of 31. .....

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he landowners filed writ petitions questioning the acquisition of the lands. The Single Judge dismissed these writ petitions on 14.01.2008. The High Court held that rehabilitation of displaced persons was a prerequisite to submerging any of the villages in the dam. Thus, such a situation did indeed warrant urgency under Section 17 (1); further, there was an apprehension that the acquisition of land would get delayed by the operation of S. 5A; that there was clear application of mind to the invoc .....

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re under Section 24(2) of the 2013 Act. The statute is a beneficial legislation. 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 .....

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013 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 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 .....

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aw or for any reason. Such casus omissus cannot be supplied by the court in view of law on the subject elaborately discussed by this Court in the case of Padma Sundara Rao v. State of T.N. [(2002) 3 SCC 533]. 12. Even in the Land Acquisition Act of 1894, the Legislature had brought about amendment in Section 6 through an Amendment Act of 1984 to add Explanation 1 for the purpose of excluding the period when the proceeding suffered stay by an order of the court, in the context of limitation provi .....

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is not required to depart from the literal rule of interpretation. 46. In Padma Sundara Rao v. State of Tamil Nadu,(2002) 3 SCC 533 this Court held that a Court cannot supply casus omissus into Section 6 of the 1894 Act. After the High Court quashes a declaration made under Section 6, there is no provision for a further limitation period of one year for a fresh Section 6 declaration to run from the date of receipt of the High Court order. It stated that the limitation period must necessarily ru .....

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rst 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 U .....

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erpreting a provision the Court only interprets the law and cannot legislate it. If a provision of law is misused and subjected to the abuse of process of law, it is for the legislature to amend, modify or repeal it, if deemed necessary. [See Rishabh Agro Industries Ltd. vs. P.N.B. Capital Services Ltd. [(2000) 5 SCC 515]. The legislative casus omissus cannot be supplied by judicial interpretative process. Language of Section 6(1) is plain and unambiguous. There is no scope for reading something .....

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ame can never be the legislative intent. 15. Two principles of construction one relating to casus omissus and the other in regard to reading the statute as a whole appear to be well settled. Under the first principle a casus omissus cannot be supplied by the Court except in the case of clear necessity and when reason for it is found in the four corners of the statute itself but at the same time a casus omissus should not be readily inferred and for that purpose all the parts of a statute or sect .....

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J., in Artemiou v. Procopiou (1966 1 QB 878), "is not to 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 "do some 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 no .....

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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) .....

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clarification issued by the Government of India. It did not, however, decide whether a stay period should be excluded from the calculation of 5 years under Section 24(2) of the 2013 Act. It observed as follows, 25. In order to clarify the statutory provisions of the 2013 Act with respect to such lapsing, the Government of India, Ministry of Urban Development, Delhi Division, came up with a circular dated 14.3.2014 wherein on the basis of the legal opinion of the Solicitor General of India, it h .....

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014, the period of 5 years would not have ended and in such cases, the advisory seeks to clarify that the new law shall apply only if the situation of pendency continues unchanged for a period that equals to or exceeds five years. In my view, it should be further clarified that in none of the cases the period of five years would have elapsed pursuant to an award made under Section 11 from the date of commencement of the Act and that the benefit of Section 24(2) will be available to those cases w .....

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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 t .....

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f the 2013 Act and particularly Clause 18 thereof fortify the view taken by this Court in the judgments referred to hereinabove. Clause 18 thereof reads as under: 18. The benefits under the new law would be available in all the cases of land acquisition under the Land Acquisition Act, 1894 where award has not been made or possession of land has not been taken. This has led to a unique situation in cases such as Magnum Promoters v. Union of India, (2015) 3 SCC 327 wherein the Court has faulted th .....

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ral that the State was being prejudiced. It did so as follows, 20. The learned Solicitor General has also placed reliance upon A.R. Antulay v. R.S. Nayak [(1988) 2 SCC 602] in support of his legal submission that in the said case the majority view of this Court have succinctly laid down that the elementary rule of justice is that no party should suffer by mistake/action of the Court. What the court does ought not prejudice a litigant and therefore, respondents herein shall not be made to suffer .....

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he above referred cases after interpreting the provisions of the 2013 Act and therefore, the reliance placed upon the said decision is misplaced. 21. In Sree Balaji Nagar Residential Association (supra), it was opined that after adverting to the decisions of the Privy Council and this Court, 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 or "status quo" order regard .....

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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 t .....

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default that such periods are not excluded. 51. Prior to the 2013 Act, a Coordinate Bench of this Court in Shri Kishan Das &Ors. v. State of U.P. &Ors., 1995 (6) SCC 240, has considered the detrimental impact of stay orders upon the State in a different context, and held that it cannot be made to pay interest for a stay order-induced delay in making the award by observing: 3. Shri B.B. Sanyal, learned senior counsel for the appellants, contended that the award was made on 22.3.1983 thou .....

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by the Land Acquisition Officer to pass the award. Thus, till 1980-81 no award was made in respect of any of the acquisitions. Under these circumstances, this Court had directed the Government to pay interest @ 12 per cent on the amount awarded to compensate the loss caused to the appellants therein. In this case, it is seen that though the notification was issued in September 1976, the writ petitions came to be filed in the High Court immediately thereafter in 1977 and obviously further proceed .....

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8 of 1984 at different rates mentioned therein. The liability of the State to pay interest 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 C .....

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ion 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 distinction between the two limitation periods in the proviso, if the starting point of the limitation period itself was changed from the Section 4 notification to another undecided starting point by supplying casus omissus. .....

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festly absurd or anomalous results which could not have been intended by the Legislature; 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. 54. Casus omissus means an omitted case. When a statute or an instrument of writing undertakes to foresee and to provide for certain contingencies, and through mistake, .....

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or inconsistency with the rest of the instrument. One of the earliest cases that discussed supplying casus omissus in cases of necessity was CIT v. National Taj Traders, (1980) 1 SCC 370 where a two-Judge bench of this Court held as follows, 10. Two principles of construction-one relating to casus omissus and the other in regard to reading the statute as a whole-appear to be well settled. In regard to the former the following statement of law appears in Maxwell on Interpretation of Statutes (12t .....

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' 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- .....

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quot;. In other words, under the first principle a casus omissus cannot be supplied by the Court except in the case of clear necessity and when reason for it is found in the four corners of the statute itself but at the same time a casus omissus should not be readily inferred and for that purpose all the parts of a statute or section must be construed together and every clause of a section should be construed with reference to the context and other clauses thereof so that the construction to be .....

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ould "defeat the obvious intention of the legislation and produce a wholly unreasonable result" we must "do some violence to the words" and so achieve that obvious intention and produce a rational construction, (Per Lord Reid in Luke v. I.R.C.-1968 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.) 56. This was followed almost verbatim in Padma Sundara Rao (supra).It must be emphasized tha .....

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kes a consistent enactment of the whole statute. This applies squarely to the facts of the case on hand. Casus omissus must be supplied to Section 24(2) of the 2013 Act due to the necessity and the need for consistency. Undoubtedly, the power to legislate remains with the Legislature. If a provision of the Act is inconsistent 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 pr .....

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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 t .....

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Court must be neutralized, as the institution of litigation cannot be permitted to confer any advantage on a suitor from delayed action by the act of the Court. Nobody shall be permitted to take advantage of his own fault of delaying action. The Court should not permit a litigant to perpetuate the illegality by abusing the legal process. It is the duty of the Court to ensure that dishonesty or any attempt to abuse the legal process must be effectively curbed and the Court must ensure that there .....

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ity this Court held that the elementary rule of justice is that no party should suffer by a mistake or an action of the Court. Shri Kishan Das (supra) applied this principle to land acquisitions. 59. It is often the case in proceedings against land acquisitions that the affected parties seek an interim stay of the acquisition proceedings until the matter has attained finality. An interim stay prevents the State from acquiring the land and following subsequent procedure under the Act, be it the p .....

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igh 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 pa .....

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stopped from completing the acquisition for no mistake of its own, while certain opportunistic litigants seek to frustrate the State s attempts at legally acquiring the land. 61. In fact, when the Legislature has excluded interim stay orders in other provisions of the same Act, there is nothing that prevents this Court from applying these exclusions ejusdem generis to Section 24(2) of the 2013 Act. Thus, the period of interim stay must necessarily be excluded for the purposes of calculation of t .....

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s follows: I QUESTION NO. 1: The acquisition proceedings do not lapse if the amount is deposited in the Treasury and such fact is made known to the claimants by the competent authority as required in law. Only interest is attracted, in case if the deposit is not made in Court. Consequently, I am unable to persuade myself to agree with the outcome of Pune Municipal Corporation (supra). However, according to me the judgment in Pune Municipal Corporation (supra) is not rendered in per incuriam. In .....

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