TMI Blog2017 (5) TMI 1761X X X X Extracts X X X X X X X X Extracts X X X X ..... qua the land wherein indisputably they have an interest and they are affected by such acquisition. For such a declaration, it cannot be said that the Respondents/writ Petitioners do not have any locus standi. There are no merit in these appeals and they are accordingly dismissed. - Civil Appeal No. 6112 of 2017 (Arising out of S.L.P. (C) No. 13551 of 2015) And Other - - - Dated:- 4-5-2017 - Kurian Joseph and R. Banumathi, JJ. For the Appearing Parties: P.S. Patwalia, ASG, S.S. Shamshery, AAG (Rajasthan), A.K. Sanghi, K. Radhakrishnan, Amarendra Sharan, A. Sharan, V. Mohana, Salman Khurshid, V. Giri, Vivek K. Tankha, Rakesh Tiku, R.A. Jain, Sachin Dutta, Ravinder Sethi, A. Mariarputham, Indu Malhotra, Ashok Kumar Chhabra, Yashank Adhyaru, Arun Mohan, P.H. Parekh, Ajit Kumar Sinha, Dhruv Mehta, Jayant Sud, Sachin Datta, Sr. Advs., Mohan Prasad Gupta, R.K. Rathore, Sunita Sharma, Pravesh Thakur, Kiran Bhardwaj, B.K. Prasad, Harish Kumar Khinchi, Meenesh Dubey, Meenakshi Dubey, Shadman Ali, Shreekant N. Terdal, Sakesh Kumar, Sonam Nagrath Kohli, Karunakar Mahalik, Mukul Singh, Shekhar Vyas, Anil Hooda, Sushma Sharma, Raj Bahadur Yadav, M.K. Maroria, Ajay Kumar Singh, Vika ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ash, Ashwarya Malik, Ashwarya Sinha, Dinesh Chandra Pandey, Amit Sharma, Ankit Raj, Ruchi Kohli, Ateev Mathur, A.P.S. Sehgal, Gagan Gupta, Arun Kumar Sinha, Alka Agrawal, Sumit Sinha, Mukesh Kumar Maroria, Balendu Shekhar, Ajay Singh, Rajesh Kumar, Sibo Sankar Mishra, Gunwant Dara, Surender Kumar Gupta, Madan Lal Sharma, Piyush Rayal, Smriti Vashisht, Ghan Shyam Vasisht, Manoj Kumar Mishra, Sandeep Kumar Dwivedi, Umesh Dubey, S.K. Pathak, Rajiv Kumar Ghawana, T.V.S. Raghavendra Sreyas, Gayatri Gulati, Puneet Sharma, Usha Nandini V., Jasbir Singh Malik, Joymoti Mize, Dhiraj Parveen, Manjul Dahiya, Pradeep Jatav, Rajat Bhardwaj, Rajender Pd. Saxena, N.P. Sahani, Anuj Agarwal, Anubhav Sinha, Ayush Agarwal, Anubhav Bhasin, Pramod B. Agarwala, Aruna Mathur, Avneesh Arputham, Anuradha Arputham, Amit Arora, Vikas Mehta, Devender Prasad, Anushree Menon, Esha Mazumdar, Priyanjali Singh, Rahul Rathore, Rahul Jarjal, Renuka Arora, Anup Kumar, B. Tripathy, Naresh Kaushik, Randhir Pandey, Mohit D. Ram, Monisha Handa, Bharat Beriwal, Manjeet Chawla, Dharam Vir Khatri, Mansoor Ali, Iti Sharma, Rahul Bhatia, Kartik Bhardwaj, Manu Mridul, Anwesha Saha, Anil Kumar Tandale, Amitabh Kumar Verma, Rajes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 63 of 2017 (Arising out of S.L.P. (C) No. 24957 of 2015), Civil Appeal No. 6164 of 2017 (Arising out of S.L.P. (C) No. 24963 of 2015), Civil Appeal No. 6166 of 2017 (Arising out of S.L.P. (C) No. 25524 of 2015), Civil Appeal No. 6170 of 2017 (Arising out of S.L.P. (C) No. 26493 of 2015), Civil Appeal No. 6173 of 2017 (Arising out of S.L.P. (C) No. 26606 of 2015), Civil Appeal No. 6186 of 2017 (Arising out of S.L.P. (C) No. 26724 of 2015), Civil Appeal No. 6190 of 2017 (Arising out of S.L.P. (C) No. 27318 of 2015), Civil Appeal No. 6194 of 2017 (Arising out of S.L.P. (C) No. 27485 of 2015), Civil Appeal No. 6197 of 2017 (Arising out of S.L.P. (C) No. 27729 of 2015), Civil Appeal No. 6203 of 2017 (Arising out of S.L.P. (C) No. 28002 of 2015), Civil Appeal No. 6206 of 2017 (Arising out of S.L.P. (C) No. 28579 of 2015), Civil Appeal No. 6209 of 2017 (Arising out of S.L.P. (C) No. 28745 of 2015), Civil Appeal No. 6213 of 2017 (Arising out of S.L.P. (C) No. 28768 of 2015), Civil Appeal No. 6216 of 2017 (Arising out of S.L.P. (C) No. 28922 of 2015), Civil Appeal No. 6219 of 2017 (Arising out of S.L.P. (C) No. 28927 of 2015), Civil Appeal No. 6224 of 2017 (Arising out of S.L.P. (C) No. 289 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal No. 6132 of 2017 (Arising out of S.L.P. (C) No. 1700 of 2016), Civil Appeal No. 6133 of 2017 (Arising out of S.L.P. (C) No. 2070 of 2016), Civil Appeal No. 6135 of 2017 (Arising out of S.L.P. (C) No. 2839 of 2016), Civil Appeal No. 6137 of 2017 (Arising out of S.L.P. (C) No. 4221 of 2016), Civil Appeal No. 6141 of 2017 (Arising out of S.L.P. (C) No. 7016 of 2016), Civil Appeal No. 6143 of 2017 (Arising out of S.L.P. (C) No. 7564 of 2016), Civil Appeal No. 6145 of 2017 (Arising out of S.L.P. (C) No. 7568 of 2016), Civil Appeal No. 6147 of 2017 (Arising out of S.L.P. (C) No. 7609 of 2016), Civil Appeal No. 6150 of 2017 (Arising out of S.L.P. (C) No. 7735 of 2016), Civil Appeal No. 6153 of 2017 (Arising out of S.L.P. (C) No. 7761 of 2016), Civil Appeal No. 6155 of 2017 (Arising out of S.L.P. (C) No. 8770 of 2016), Civil Appeal No. 6157 of 2017 (Arising out of S.L.P. (C) No. 8793 of 2016), Civil Appeal No. 6159 of 2017 (Arising out of S.L.P. (C) No. 8798 of 2016), Civil Appeal No. 6161 of 2017 (Arising out of S.L.P. (C) No. 8808 of 2016), Civil Appeal No. 6167 of 2017 (Arising out of S.L.P. (C) No. 8811 of 2016), Civil Appeal No. 6169 of 2017 (Arising out of S.L.P. (C) No. 8812 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng out of S.L.P. (C) No. 24321 of 2016), Civil Appeal No. 6239 of 2017 (Arising out of S.L.P. (C) No. 25136 of 2016), Civil Appeal No. 6241 of 2017 (Arising out of S.L.P. (C) No. 28183 of 2016), Civil Appeal No. 6243 of 2017 (Arising out of S.L.P. (C) No. 28270 of 2016), Civil Appeal No. 6245 of 2017 (Arising out of S.L.P. (C) No. 28272 of 2016), Civil Appeal No. 6248 of 2017 (Arising out of S.L.P. (C) No. 28274/2016), Civil Appeal No. 6250 of 2017 (Arising out of S.L.P. (C) No. 28279 of 2016), Civil Appeal No. 6252 of 2017 (Arising out of S.L.P. (C) No. 28281 of 2016), Civil Appeal No. 6253 of 2017 (Arising out of S.L.P. (C) No. 28661 of 2016), Civil Appeal No. 6255 of 2017 (Arising out of S.L.P. (C) No. 28668 of 2016), Civil Appeal No. 6256 of 2017 (Arising out of S.L.P. (C) No. 30426 of 2016), Civil Appeal No. 6259 of 2017 (Arising out of S.L.P. (C) No. 31440 of 2016), Civil Appeal No. 6262 of 2017 (Arising out of S.L.P. (C) No. 31442/2016), Civil Appeal No. 6263 of 2017 (Arising out of S.L.P. (C) No. 31444 of 2016), Civil Appeal No. 6265 of 2017 (Arising out of S.L.P. (C) No. 31480/2016), Civil Appeal No. 6266 of 2017 (Arising out of S.L.P. (C) No. 32231 of 2016), Civil Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing out of S.L.P. (C) No. 3826 of 2017), Civil Appeal No. 6238 of 2017 (Arising out of S.L.P. (C) No. 6911 of 2017), Civil Appeal No. 6244 of 2017 (Arising out of S.L.P. (C) No. 8928 of 2017), Civil Appeal No. 6247 of 2017 (Arising out of S.L.P. (C) No. 8929 of 2017), Civil Appeal No. 6251 of 2017 (Arising out of S.L.P. (C) No. 9586 of 2017), Civil Appeal No. 6254 of 2017 (Arising out of S.L.P. (C) No. 9734 of 2017), Civil Appeal Nos. 6257-6258 of 2017 (Arising out of S.L.P. (C) Nos. 10556-10557 of 2017), Civil Appeal No. 6261 of 2017 (Arising out of S.L.P. (C) No. 11873 of 2017), Civil Appeal No. 6268 of 2017 (Arising out of S.L.P. (C) No. 25536 of 2015), Civil Appeal No. 6271 of 2017 (Arising out of S.L.P. (C) No. 38374 of 2016), Civil Appeal No. 6273 of 2017 (Arising out of S.L.P. (C) No. 28305 of 2015), Civil Appeal No. 6275 of 2017 (Arising out of S.L.P. (C) No. 30167 of 2015), Civil Appeal No. 6278 of 2017 (Arising out of S.L.P. (C) No. 30170 of 2015), Civil Appeal No. 6280 of 2017 (Arising out of S.L.P. (C) No. 13381 of 2015), Civil Appeal No. 6282 of 2017 (Arising out of S.L.P. (C) No. 7731 of 2016), Civil Appeal No. 6284 of 2017 (Arising out of S.L.P. (C) No. 7754 of 2016) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central Government under the Land Acquisition Act, 1984 or under any other law providing for acquisition of land for a public purpose. 4. Regulation on transfer of lands in relation to which acquisition proceedings have been initiated. No person shall, except with the previous permission in writing of the competent authority, transfer or purport to transfer by sale, mortgage, gift, lease or otherwise any land or part thereof situated in the Union territory of Delhi, which is proposed to be acquired in connection with the Scheme and in relation to which a declaration to the effect that such land or part thereof is needed for a public purpose having been made by the Central Government Under Section 6 of the Land Acquisition Act, 1894, the Central Government has not withdrawn from the acquisition Under Section 48 of that Act. xxx xxx xxx 8. Restrictions on registration of transfers of land - Notwithstanding any thing contained in any other law for the time being in force, where any document required to be registered under the provisions of Clause (a) to Clause (e) of Sub-section (1) of Section 17 of the Registration Act, 1908, purports to transfer by sale, mort ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 5-A and on service of the notice Under Section 9 possession was taken, since urgency was acute, viz., pumping station house was to be constructed to drain out food water. Consequently, the land stood vested in the State Under Section 17(2) free from all encumbrances. It is further settled law that once possession is taken, by operation of Section 17(2), the land vests in the State free from all encumbrances unless a notification Under Section 48(1) is published in the Gazette withdrawing from the acquisition. Section 11-A, as amended by Act 68 of 1984, therefore, does not apply and the acquisition does not lapse. The notification Under Section 4(1) and the declaration Under Section 6, therefore, remain valid. There is no other provision under the Act to have the acquired land divested, unless, as stated earlier, notification Under Section 48(1) was published and the possession is surrendered pursuant thereto. That apart, since M/s. Kalra Properties, Respondent had purchased the land after the notification Under Section 4(1) was published, its sale is void against the State and it acquired no right, title or interest in the land. Consequently, it is settled law that it cannot c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eh Prabha cases (supra), in paragraph-21 of the judgment, it was held that... it is by now well settled law that under the Land Acquisition Act, the subsequent purchaser cannot challenge the acquisition proceedings and that he would be only entitled to get the compensation . 11. In V. Chandrasekaran (supra), this Court again addressed the issue as to whether the subsequent purchaser can challenge the acquisition proceedings. After referring to some of the earlier judgments, at paragraph-18, the law has been laid down as follows: 18. In view of the above, the law on the issue can be summarised to the effect that a person who purchases land subsequent to the issuance of a Section 4 notification with respect to it, is not competent to challenge the validity of the acquisition proceedings on any ground whatsoever, for the reason that the sale deed executed in his favour does not confer upon him, any title and at the most he can claim compensation on the basis of his vendor's title. 12. In Rajasthan State Industrial Development and Investment Corporation (supra), this Court held that such transactions after initiation of acquisition proceedings would be void and would not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Under Section 24(2) of the 2013 Act to the effect that by virtue of operation of the said provision, the acquisition proceedings have lapsed. 16. Person interested , under the 1894 Act, is defined Under Section 3(b) of the Act, which reads as follows: 3(b) the expression person interested includes all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land; 17. Under the 2013 Act, person interested has been given a much wider meaning Under Section 3(x). To quote: 3(x). person interested means-- (i) all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; (ii) the Scheduled Tribes and other traditional forest dwellers, who have lost any forest rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006; (iii) a person interested in an easement affecting the land; (iv) persons having tenancy rights under the relevant State laws including share-croppers by whatever name they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (v) a member of the family who has been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition; (vi) a family residing on any land in the urban areas for preceding three years or more prior to the acquisition of the land or whose primary source of livelihood for three years prior to the acquisition of the land is affected by the acquisition of such land; This definition of affected family also indicates that even a family residing in the lands sought to be acquired, be it an owner or not, is an affected family, and if a family or a person is affected, necessarily, he has a right to approach the Court to protect his interests. 21. It is also to be specifically noted that the challenge made by the writ Petitioners in the Miscellaneous Application filed by them is not to the acquisition or to the regularity of the process of acquisition including the taking of possession. Their only prayer is for a declaration that the proceedings qua the land referred to in the Application have lapsed by virtue of the operation of Section 24(2) of the 2013 Act. 22. All the decisions cited by the learned Senior Counsel ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ture was cognizant of the fact that, in cases where compensation has not been paid, and physical possession handed over to the State/vesting has taken place, after which land acquisition proceedings could be said to have been ended.... (Paragraph-27). Thus, on account of the lapse, the encumbrance created in favour of the State comes to an end, and resultantly, the impediment to encumber the land also comes to an end. Even, according to the Appellants, the transfers were illegal and void for the reason that there was an impediment for the transfer. Once the acquisition proceedings lapse, all impediments cease to exist. 26. As we have already noted above, the whole face of land acquisition has changed by the 2013 Act. Section 105 of the 2013 Act has provided that the provisions of the Act shall not apply to the enactments specified in the Fourth Schedule. So far, only 13 Acts have been notified under the Fourth Schedule. Neither The Delhi Development Act, 1957 nor The Delhi Lands (Restrictions on Transfers) Act, 1972 is included in the Fourth Schedule. 27. The main purpose of the 2013 Act is clearly stated in the preamble which reads as follows: An Act to ensure, in cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case. We are of the view that this decision, in principle, applies to the facts of these appeals as well. 29. Thus, the subsequent purchaser, the assignee, the successor in interest, the power of attorney, etc., are all persons who are interested in compensation/land owners/affected persons in terms of the 2013 Act and such persons are entitled to file a case for a declaration that the land acquisition proceedings have lapsed by virtue of operation of Section 24(2) of the 2013 Act. It is a declaration qua the land wherein indisputably they have an interest and they are affected by such acquisition. For such a declaration, it cannot be said that the Respondents/writ Petitioners do not have any locus standi. 30. Thus, we do not find any merit in these appeals and they are accordingly dismissed. All Interlocutory Applications for Impleadment and Intervention, other than those by Legal Representatives, are also rejected. Applications for Impleadment of Legal Representatives are allowed. There shall be no order as to costs. 31. In the peculiar facts and circumstances of these cases, the Appellants are given a period of six months to exercise its liberty granted Under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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