Bhagirath Lal Mittal and Ors v. Union of India and Ors

■I ■ s. J $-13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % . Date of Judgment: January, 2018 +

W.P.(C) 3392/2016 BHAGIRATH LAL MITTAL AND ORS Petitioners Through: Ms.Rieha Oberoi, Advocate. versus XJNION OF INDIA AND ORS ..... Respondents Through: Mr.Kanishk , A '^R^^^'^pC^es for re^^ Standing . for DDA , with' Mr.Hem .K^ Ms.Siniinee Kumari, , i Advocates for respondent no.3. . , ' Mf;N^asir ; Ahmed, Advocate for . .:-;|ntervdiprT^ Kumar-and ,]Vh:.K.k.Rana, V ' for ■ applicant - in CM Panda, Advocate for respbndent/LAC-L&B Department. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANL J. (ORAL)

¶1This is a petition under Article 226 of the Constitution of India filed by the petitioners.

¶2The petitioners seek a declaration that the acquisition proceedings initiated in respect of 2/3'''' share in land bearing Khasra No.453 min p"g^ j 7 -(■"1. (1-02), situated in the revenue estate of village Sahoorpur, Tehsil-Saket, New Delhi (hereinafter referred to as 'the subject land') is deemed to have lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'New Act'), as the possession has been taken but compensation has not been tendered to the petitioners. In this case, a notification under Sectiom4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the'Act') was issued on

25.11.1980; a declaration under Section 6 of the .Act was made on

20.05.1985, Thereafter; a^ Award bearing n6.10/87-8,| was made on

14.05.1987. Counsel for the petitioner while relying qh;,a decision rendered by Apex Court \vl Pune Municipal Corporation & Am. v. Harakchand Misirimal Solanki & ors., reported at (2014) 3 SCC 183, submits that since no compensation^ was tendered, acquisition proceedings is deemedtb hayeftgisefi';* The counter affidavit haS'beeni-ftfe^^ byrtfie LAC. In para 8 of counter affidavit, details have been given to show that the compensation was sent in RD. Para 8;;Gf"^the c^punter affi,4dyit filed by LAC reads as under: "8. That in the present case, the possession of the land in question was taken over and handed to the beneficiary department 14.07.1987. As per Statement-A the status of compensation with respect to the above land is as under NAME AMOUNT REMARKS Rajaaq Mohd.

859.13 Sent in RD Ati Mohd.

859.13 Sent in RD Mohd. Ishtaq

859.13 Sent in RD Chau Khan 10309.59 Sent in RD V .

5.

¶6|0 Shibbi 10309.56 Sent in RD Mohd. Yusuf 2577.40 Sent in RD Mohd. Kha 2577.40 Sent in RD Mohd. Sharif 2577.38 Sent in RD the respondent has written d letter dated 13.11,2017. to the Pay & Accounfs, PA0r6, Tis Hazdri, Delhi for information about any payment made through Refund Voucher or otherwise from RD and it is prayed that a reply from the same may kindly he awaited". We have heard learned counsels *fon;the parties. Having regard the submissions made . -ahd fact that the compensation was not tendercH'to fire petitioners and was sent to RD, we are of the considered view that the case of the. pejitipner is fully covered-by the decision rendered by ^ the Apex Court ip;.the case of Pane Municipal Corporation (supra). Paras 14 to 20 of which read as under: "14. Section 31(1) of' the,, 1894 ,Act enjoins upon the Collector, on making an award'uncler Section 11, to tender payment of compensation lo persons interested entitled thereto according to awardrit furtlief mandates the Collector to.make payment of compensation to them unless prevented by one of the contingencies contemplated in sub-section (2). The CQntingehcieSKGQnteihplatedJn are: (i) the persons iiiterested enhtiedi toicomjpe^^ not consent to receive it (ii) there is no person competent to alienate the land and (hi) there is dispute as. to the title to receive compensation or as to the apportionment of it. If due to any of the contingencies contemplated in Section 3.1(2), the Collector is prevented from making payment" of compensation to the persons interested who are entitled to compensation, then the Collector is required to deposit the compensation in the court to which reference under Section 18 may be made. W.P. (Q No.3392/2016 i

¶15Simply put, Section 31 of the 1894 Act makes provision lor payment of compensation or deposit of the same in the court. This provision requires that the Collector should tender payment of compensation as awarded by him to the persons interested who are entitled to compensation. If due to happening of any contingency as contemplated in Section 31(2), the compensation has not been paid, the Collector should deposit the amount of compensation in the court to which reference can be made under Section 18. mandatory nature of the provision in Section 31(2) with regard to deposit of the. compensation in the \J further fortified by the ^provisions contained 32, 33 and 34. As a matter of fact. Section 33 gives power to the court, bp :an,.application by :a person interested or claiming an intei|§t:&,sU)ch money, to p order to mvest the amount so l^ijled in such goyemment or o^hef approved securities and:^^"direct the interest or other iprocceds of any such in||i^bnt to be accumulated ^d paid in such manner as itf^;^nsider proper so that the parties interested therein-mu^ h^e the benefit therefrom as they might have had ffom|t|q|iand in respect whereof such money shall have been d|pdsited or as near thereto as may be.

¶17While enacting Action 24^)^|lment definitely had in Its view Section 31 of the^ 14g|fi^ct. Frohi that one thing is clear that it did not iniend to equate the word "paid" to offered or tendered". But at the sarne time, we do not think that by use 'of^fe^o^ j^aii^^arliament m^ reeeipt of comperisaiioh by'' iihe landowners/persons interested. In our view, it is not appropriate to give a literal construction to the expression "paid" used in this sub section (sub-section (2) of Section 24). If a literal constmction were to be given, then it would amount to ignoring procedure, mode and rrianner 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 fV.P. (C) No.3392/2016 Page 4 of? regarded as "paid" if the compensation has been offered to the person interested and such compensation has been deposited in the court where reference under Section 18 can be made on happening of any of the contingencies , contemplated under Section 31(2) of the 1894 Act. In other words, the compensation may be said to have been "paid" within the meaning of Section 24(2) when the Collector (or for that matter Land Acquisition Officer) has discharged his obligation and deposited the amount of compensation in court and made that amount available to the interested person to be dealt with as provided in Sections 32 and 33.

¶181894 Act being an expropriatoiy^ legislation has to be strictly followed. The procedure, mode and manner for payment of compensation are pibscribed in Part y (Sections 31-34) of the 1894 Acti The .CpllSefpr, with regard to the payment of compensation,, can; •pnly:^^ in the manner so provided. It is settled,,propositiqft|pi;la^ (classic statement of Lord Roche in Nazir Ahm^[l|j||tthat where a power is given to do a certain thing in a^iWerldin way, the thing must be done in that way; pr ^not iafi all. Other methods of performance are neceSsaMyitbrliid&n. ^

¶19Now, this is admittedi,positi|)n||hat award was made on

31.01.2008. Notices . wereIv=issMu',1tC)V the landowners to receive the compensation 'andysihG^ihey did not receive the compensation, the ampuntt(Rsj2^|rores) was deposited in. the government treasury. Can it be said that deposit of the amount of compensation in the government treasury is I equivalent to the t;£pount-'-pf paid to the landowners/persons interested? We do not think so. In a comparatively recent decision, this Court in Agnelo Santimano Femandes[2], relying upon the earlier decision in Prem Nath Kapur[3], has held that the deposit of the amount of the compensation in the state's revenue account is of no avail and the liability of the state to pay interest subsists till the amount has not been deposited in court.

¶20From the above, it is clear that the award pertaining to the subject land has been made by the Special Land Acquisition Officer more than five years prior to the ff.P. (C) No.3392/2016 commencement of the 2013 Act. It is also admitted position that compensation so awarded has neither been paid to the landowners/persons interested nor deposited in the court. The deposit of compensation amount in the government treasury is of no avail and cannot be held to be equivalent to compensation paid to the landowners/persons interested, We have, therefore, no hesitation in holding that the subject land acquisition proceedings shall be deemed to have lapsed under Section 24(2) of the 2013 Act."

¶7Since, the award having been announced mOre than five years prior to the commencement of the New Act, the petitioner is entitled to a declaration that, the acquisition-proceedings. in fespqct of the subject land is deemed to havedapsed.' It is ordered^accOirdingly!

¶8The writ petition stands disposed oi^. '

¶9At this stage, Mr.Kumar submits that the petitioner is not the rightful f .u- ' .r - ; I . owner as land was purchased, by the petitioner after the acquisition proceedings. • t /V'

¶10We make it clear that we have nbt exp'ressed any opinion with respect to the title Of the petitioner which would be open to applicant to seek such remedy available m accbfdance witffilaw. CM No.41113/2017 (impleadmentl This is an application under Order I Rule-10 of Code of Ciyil Procedure, 1908 seeking impleadment. The application is dismissed as withdrawn in view of order passed in the writ petition making it clear that the question of title is kept open. i f) Ll -/ CM N6.14479/2016 (stay) The application is disposed of, in view of order passed in the writ petition. G. S. SISTANIHfr JANUARY 30,2018 ssc SANGITA G GAL •vk:- ■-;r . i. ■ - r ■C' 1;