Gujarat High Court
Mandanbhai Naranbhai Jadav vs State Of Gujarat on 31 January, 2023
Bench: Ashutosh Shastri
C/SCA/17656/2015 ORDER DATED: 31/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17656 of 2015
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 17656 of 2015
With
R/SPECIAL CIVIL APPLICATION NO. 17657 of 2015
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 17657 of 2015
With
R/SPECIAL CIVIL APPLICATION NO. 17658 of 2015
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 17658 of 2015
With
R/SPECIAL CIVIL APPLICATION NO. 17659 of 2015
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 17659 of 2015
With
R/SPECIAL CIVIL APPLICATION NO. 17660 of 2015
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 17660 of 2015
With
R/SPECIAL CIVIL APPLICATION NO. 17661 of 2015
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 17661 of 2015
With
R/SPECIAL CIVIL APPLICATION NO. 17662 of 2015
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 17662 of 2015
With
R/SPECIAL CIVIL APPLICATION NO. 17663 of 2015
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 17663 of 2015
With
R/SPECIAL CIVIL APPLICATION NO. 17664 of 2015
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 17664 of 2015
With
R/SPECIAL CIVIL APPLICATION NO. 17665 of 2015
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 17665 of 2015
With
R/SPECIAL CIVIL APPLICATION NO. 17666 of 2015
Page 1 of 9
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C/SCA/17656/2015 ORDER DATED: 31/01/2023
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 17666 of 2015
With
R/SPECIAL CIVIL APPLICATION NO. 17667 of 2015
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 17667 of 2015
With
R/SPECIAL CIVIL APPLICATION NO. 17668 of 2015
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 17668 of 2015
With
R/SPECIAL CIVIL APPLICATION NO. 17669 of 2015
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 17669 of 2015
With
R/SPECIAL CIVIL APPLICATION NO. 17670 of 2015
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 17670 of 2015
With
R/SPECIAL CIVIL APPLICATION NO. 6282 of 2016
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 6282 of 2016
With
R/SPECIAL CIVIL APPLICATION NO. 6283 of 2016
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 6283 of 2016
With
R/SPECIAL CIVIL APPLICATION NO. 6329 of 2016
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 6329 of 2016
==================================================
MANDANBHAI NARANBHAI JADAV & 1 other(s)
Versus
STATE OF GUJARAT & 3 other(s)
==================================================
Appearance:
MR ASHISH H SHAH(2142) for the Petitioner(s) No. 1,2
MR KM ANTANI, AGP for the Respondent(s) No. 1
MR MIHIR JOSHI, SENIOR ADVOCATE FOR MRS KALPANAK RAVAL(1046) for
the Respondent(s) No. 3
MS.DILBUR CONTRACTOR(6388) for the Respondent(s) No. 3
NOTICE SERVED BY DS for the Respondent(s) No. 1,2,4
==================================================
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C/SCA/17656/2015 ORDER DATED: 31/01/2023
CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
Date : 31/01/2023
COMMON ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. Heard Shri Ashish H. Shah, learned counsel
appearing for the petitioners, Shri Mihir Joshi, learned
Senior Counsel appearing on behalf of Mr.Nikunt Raval,
learned counsel for respondent No.3.
2. This Court by order dated 04.07.2019 having
taken note of the fact that the issues urged in these
petitions were same issues as involved in Special Leave to
Appeal (C) Nos.9798 - 9799 of 2016 with IA No.30398 of
2018 and IA No.31441 of 2018 with Special Leave
Petition (C) Nos.9036 - 9038 of 2016 with Special Leave
Petition (C) Nos.30577 - 30580 of 2015 arising out of the
issue about interpretation of Section 24 of the Right to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, had adjourned
the matter sine die reserving liberty to both parties for
hearing of these matters after the outcome of the matters
C/SCA/17656/2015 ORDER DATED: 31/01/2023
before Hon'ble Apex Court. Hence, applications for fixing
the early date have been filed by the 3 rd respondent
enclosing the judgment of the Hon'ble Apex Court
rendered in the above matters on 06.03.2020 reported in
AIR 2020 SC 1496.
3. Perusal of the averments made in petitions
would indicate that the thrust of the arguments and the
grounds urged in the respective petitions primarily
revolves around similar issue as had been adjudicated by
Hon'ble Apex Court in Indore Development Authority
vs. Manoharlal and others referred to herein supra
namely the possession of the lands in question having not
been taken and/or compensation having not been paid.
These two issues are no more res integra in view of
categorical finding recorded by Hon'ble Apex Court in
paragraph 363 which is to the following effect :
"363. In view of the aforesaid discussion, we
answer the questions as under :
1. Under the provisions of Section 24(1)(a)
in case the award is not made as on 1.1.2014
the date of commencement of Act of 2013,
C/SCA/17656/2015 ORDER DATED: 31/01/2023
there is no lapse of proceedings.
Compensation has to be determined under
the provisions of Act of 2013.
2. In case the award has been passed within
the window period of five years excluding the
period covered by an interim order of the
court, then proceedings shall continue as
provided under Section 24(1)(b) of the Act of
2013 under the Act of 1894 as if it has not
been repealed.
3. The word 'or' used in Section 24(2)
between possession and compensation has to
be read as 'nor' or as 'and'. The deemed lapse
of land acquisition proceedings under Section
24(2) of the Act of 2013 takes place where
due to inaction of authorities for five years or
more prior to commencement of the said Act,
the possession of land has not been taken nor
compensation has been paid. In other words,
in case possession has been taken,
compensation has not been paid then there is
no lapse. Similarly, if compensation has been
paid, possession has not been taken then
there is no lapse.
4. The expression 'paid' in the main part of
Section 24(2) of the Act of 2013 does not
include a deposit of compensation in court.
The consequence of non-deposit is provided
in proviso to Section 24(2) in case it has not
been deposited with respect to majority of
land holdings then all beneficiaries
(landowners) as on the date of notification for
land acquisition under Section 4 of the Act of
1894 shall be entitled to compensation in
accordance with the provisions of the Act of
2013. In case the obligation under Section 31
of the Land Acquisition Act of 1894 has not
C/SCA/17656/2015 ORDER DATED: 31/01/2023
been fulfilled, interest under Section 34 of
the said Act can be granted. Non-deposit of
compensation (in court) does not result in the
lapse of land acquisition proceedings. In case
of non-deposit with respect to the majority of
holdings for five years or more, compensation
under the Act of 2013 has to be paid to the
"landowners" as on the date of notification for
land acquisition under Section 4 of the Act of
1894.
5. In case a person has been tendered the
compensation as provided under Section
31(1) of the Act of 1894, it is not open to him
to claim that acquisition has lapsed under
Section 24(2) due to non-payment or non-
deposit of compensation in court. The
obligation to pay is complete by tendering the
amount under Section 31(1). Land owners
who had refused to accept compensation or
who sought reference for higher
compensation, cannot claim that the
acquisition proceedings had lapsed under
Section 24(2) of the Act of 2013.
6. The proviso to Section 24(2) of the Act of
2013 is to be treated as part of Section 24(2)
not part of Section 24(1)(b).
7. The mode of taking possession under the
Act of 1894 and as contemplated under
Section 24(2) is by drawing of inquest report/
memorandum. Once award has been passed
on taking possession under Section 16 of the
Act of 1894, the land vests in State there is
no divesting provided under Section 24(2) of
the Act of 2013, as once possession has been
taken there is no lapse under Section 24(2).
C/SCA/17656/2015 ORDER DATED: 31/01/2023
8. The provisions of Section 24(2) providing
for a deemed lapse of proceedings are
applicable in case authorities have failed due
to their inaction to take possession and pay
compensation for five years or more before
the Act of 2013 came into force, in a
proceeding for land acquisition pending with
concerned authority as on 1.1.2014. The
period of subsistence of interim orders
passed by court has to be excluded in the
computation of five years.
9. Section 24(2) of the Act of 2013 does
not give rise to new cause of action to
question the legality of concluded
proceedings of land acquisition. Section 24
applies to a proceeding pending on the date
of enforcement of the Act of 2013, i.e.,
1.1.2014. It does not revive stale and time-
barred claims and does not reopen concluded
proceedings nor allow landowners to question
the legality of mode of taking possession to
reopen proceedings or mode of deposit of
compensation in the treasury instead of court
to invalidate acquisition."
4. In fact in these matters when came to be listed on
07.04.2016, the then learned Assistant Government
Pleader Ms.Jirga Jhaveri had made a categorical
statement to the following effect :
"2. ... ... ... Learned counsel Shri Thakore
and learned AGP Ms.Jirga Jhaveri stated that
the possession is with the respective
petitioners in all cases except in case of one
Shri Kishore Lakha of SCA No.17664 of 2014
C/SCA/17656/2015 ORDER DATED: 31/01/2023
and further that he has accepted the
compensation and possession has also been
taken over."
5. The above statement came to be recorded. In
fact, it has been the consistent stand of the State in its
reply affidavit filed before this Court in all these cases
that after the award came to be passed notice under
Section 12(2) had been issued to the original land owners
to receive the compensation and same had not been
accepted and as such it was deposited before the
Mamlatdar, Sutrapada as Revenue Deposit. In the words
of the respondent State, the averments made in the reply
statement is to the following effect :
"11. It is humbly submitted that
after section 12(2) notices to the original
land owners, they have failed to appear
before the Land Acquisition Officer and they
have not accepted the amount of
compensation. Thereafter, Section 18
reference is not preferred by original land
owners. Therefore, amount of compensation
is deposited before the Mamlatdar,
Sutrapada as Revenue Deposit. Annexed
hereto and marked as Annexure-R-6 is a
copy of deposit."
C/SCA/17656/2015 ORDER DATED: 31/01/2023
6. The aforesaid averment has been made in Special
Civil Application No.17656 to 17670 of 2015 and similar
is the statement with reference to other cases. Hence, the
dicta laid down by the Hon'ble Apex Court in Indore
Development Authority (supra) and particularly
paragraph 363 (5) would be attracted to the facts on hand
and as such, contention raised in these petitions fails and
consequently, Special Civil Applications stand dismissed.
7. In view of the orders having been passed on
merits, Civil Application Nos.1 of 2021 filed in the
respective petitions would not survive for consideration.
Accordingly, they stand rejected. All pending
application/s shall also stand consigned to records.
(ARAVIND KUMAR, CJ)
(ASHUTOSH SHASTRI, J)
GAURAV J THAKER
