Holding

The word 'paid' in Section 24 of the 2013 Act has the same meaning as 'tender of payment' in Section 31(1) of the 1894 Act; non-deposit of compensation in court under Section 31(2) does not result in lapse of acquisition under Section 24(2); the period covered by interim orders of court is to be excluded from the five-year period.

Summary

The case involved the 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. The main issue was whether non-deposit of compensation in court under Section 31(2) of the 1894 Act results in a lapse of acquisition under Section 24(2) of the 2013 Act. The majority held that the word 'paid' in Section 24(2) means 'tender of payment' under Section 31(1), and non-deposit in court does not cause lapse; only interest may be payable. The Court also held that the period covered by interim orders of court should be excluded from the five-year period under Section 24(2). The decision in Pune Municipal Corporation was declared per incuriam. The questions referred were answered accordingly.

Issues considered

I. What is the meaning of the expression ‘paid’/ ‘tender’ in Section 24 of the Act of 2013 and section 31 of the Act of 1894? Whether non-deposit 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 1894.
III. Whether section 24 of Act of 2013 revives barred and stale claims?
IV. Whether the conscious omission referred to in paragraph 11 of the judgment in Shree Balaji Nagar Residential Association v. State of 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?
V. Whether the 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?

Legislation cited

Constitution of Indias. 283
General Clauses Act, 1897s. 6
Land Acquisition Act, 1894s. 16, s. 17, s. 18, s. 30, s. 31, s. 32, s. 33, s. 34, s. 55
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013s. 114, s. 19, s. 24, s. 69, s. 77, s. 80

Subjects

Land AcquisitionSection 24Payment of CompensationLapse of AcquisitionInterim StayPer IncuriamCasus OmissusActus Curiae Neminem Gravabit

Judgment

[2018] 2 S.C.R. 1 1

INDORE DEVELOPMENT AUTHORITY A
v.
SHAILENDRA (DEAD) THROUGH LRS. & ORS.
(Civil Appeal No. 20982 of 2017)
FEBRUARY 08, 2018 B
[ARUN MISHRA, ADARSH KUMAR GOEL AND
MOHAN M. SHANTANAGOUDAR, JJ.]
Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013:
C
Legislative intendment of the enactment – Held: The Act
addresses the concern of farmers and of those whose livelihood is
dependent upon the land being acquired, while at the same time
facilitating land acquisition for myriad reasons, including
urbanization, rural electrification et al., in a timely and transparent
manner. (Per majority) D
s.24(1) – Word ‘paid’ – Connotation of – Held: The word
‘paid’ in s.24 of the Act of 2013 has the same meaning as ‘tender of
payment’ in s.31(1) of the Act of 1894 – They carry the same meaning
– The expression ‘deposited’ in s.31(2) is not included in the
expressions ‘paid’ in s.24 of the Act of 2013 or in ‘tender of payment’ E
used in s.31(1) of the Act of 1894 – The words ‘paid’/tender’ and
‘deposited’ are different expressions and carry different meanings
within their fold – Land Acquisition Act, 1894 – s.31(1), (2). (Per
majority)
s.24(2) – Failure to deposit compensation, effect – Non- F
deposit of compensation in court under s.31(2) of the Act of 1894
does not result in a lapse of acquisition under s.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 s.34 of the Act of 1894 and
not lapse of acquisition – Land Acquisition Act, 1894 – s.31(2). G
(Per majority)
s.24(2) – Protection under, when there is refusal to accept
compensation – Once the amount of compensation has been
unconditionally tendered and it is refused, that would amount to
H
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A payment and the obligation under s.31(1) stands discharged and
that amounts to discharge of obligation of payment under s.24(2)
of the Act of 2013 also and it is not open to the person who has
refused to accept compensation, to urge that since it has not been
deposited in court, acquisition has lapsed – Claimants/landowners
after refusal, cannot take advantage of their own wrong and seek
B
protection under the provisions of s.24(2) – Land Acquisition Act,
1894 – s.31(1). (Per majority)
s.24(2) – Limitation – Exclusion of period spent in litigation
– Held: Provisions of s.24(2) do not intend to cover the period
spent during litigation and when the authorities have been disabled
C to act under s.24(2) due to the final or interim order of a court or
otherwise, such period has to be excluded from the period of five
years as provided in s.24(2) of the Act of 2013 – There is no
conscious omission in s.24(2) for the exclusion of a period of the
interim order. (Per majority)
D s.24(1) – Interpretation of – Held: When award under the
1894 Act has not been passed, then as per s.24(1)(a) of the Act
2013, all the provisions of the Act of 2013 relating to determination
of compensation shall apply – Where, however, an award under
s.11 has been made then such proceedings shall continue as per
E s.24(1)(b) of the Act 2013, under the Act of 1894 as if the said Act
has not been repealed – However, in case physical possession of
the land has not been taken, or the compensation has not been
paid, the proceedings shall be deemed to have lapsed; and, in case
of compensation with respect to a majority of landholdings has not
been deposited in the account of the beneficiaries, then, all
F beneficiaries i.e. landowners shall be entitled to compensation in
accordance with the provisions of the Act of 2013 – 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
would not lapse, and only compensation under the new Act would
G be payable. (Per majority)
s.24(2) – Interpretation of – Expression ‘paid/deposit’ –
Meaning of – Under the main part of s.24(2), the expression
“compensation has not been paid” has been used – The word
“deposited” is missing from main part of s.24(2), and it is only used
H in the proviso – The Legislature has used two different expressions
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 3
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to carry, respectively different meanings; and, the proviso operates A
in a different field, where the acquisition would not lapse – The
proviso is not attracted where compensation has been paid – The
proviso to s.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 – The expression “paid”, used in
B
s.24(2) of the 2013 Act, thus, cannot carry same meaning and include
in it the deposit to be made in Court under s.31(2) of the Act of
1894; it only reflects the mode of payment as envisaged under s.31(1)
of the Act of 1894 i.e. “tender” – Land Acquisition Act, 1894 –
s.31.(Per majority)
s.24(2), proviso – Connotation of – ‘paid’ and ‘deposit’ – C
Distinction between – Held: The proviso to s.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
contemplates that amount has not been ‘paid’ to landowners/
beneficiaries/interested persons – Thus, when scheme of entire s.24 D
is considered, the concept of ‘paid’ in the main s.24(2) is different
from the deposit – If the deposit is included in word ‘paid’, the
proviso to s.24(2), which has the different consequence of no lapse,
but only higher compensation would be otiose and become redundant
and repugnancy would occur – It is clear that expression ‘paid’ in
s.24 is different from word ‘deposit’ which is provided in its proviso. E
(Per majority)
s.24(2) – Meaning of “paid in s.24(2) and in s.31 of Act of
1894 – The expression “paid” in s.31(1) of Act of 1894 and s.24(2)
of Act of 2013 mean, as soon as it is offered and made
unconditionally available – Merely, if a landowner refuses to accept F
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 – It is
settled that a Court cannot add or subtract a word; the expression G
“compensation has not been paid” is used in s.24(2); it is not open
to the court to add to these words, or to substitute the said expression
with any further expression, such as ‘deposit’. (Per majority)
s.24(2) – Applying the rule of harmonious construction to
the provisions of s.24(2) of the Act of 2013, i.e. as between the H
4 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 s.24(2) as a whole; and, that is
what has to be avoided – The provisions would be irreconcilable,
B
and an anomalous result would be occasioned – A section is to be
interpreted by reading all its parts altogether, and it is not permissible
to omit any part thereof – In the instant case, proviso to s.24(2)
cannot be ignored while interpreting the main subsection – The
proviso is enacted as part of s.24(2); it is not an independent
C 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 s.24(2) – Interpretation of statutes. (Per majority)
s.24 – Compensation – Deposit in Court – Whether necessary
D – Held: The law as prevailed under the Act of 1894 never invalidated
any land acquisition in the absence of amount being deposited in
court since the time immemorial in most cases where reference is not
sought, amount had been invariably deposited in the Treasury as
provided in statutory rules framed under s.55 of Act of 1894 and
other standing order issued by State Governments, and there were
E binding decisions which 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 – It would be wrong to lay
down law that once amount has not been deposited in the court but
F in treasury, acquisitions would lapse under s.24. (Per majority)
s.24 – Compensation – Deposit made in Treasury – The court
is not disbursing authority of compensation when reference is not
sought – Farmers/claimants are primarily concerned with the Land
Acquisition Collector and for more than one century this procedure
G 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. (Per majority)
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 5
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s.24(2) and its proviso – The expression “deposited in the A
account of landowners” would not mean deposited in the court as
envisaged in s.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 s.55 of Act of 1894
B
can always be taken – In various States, Financial Code/Order/
Rules deal with Government money and as such amount is required
to be deposited in the Treasury by opening separate accounts of
landowners/beneficiaries/ claimants that would be full compliance
of the proviso of s.24(2) of new Act. (Per majority)
s.24 – When there is absolute vesting of the land in the State C
under the provisions of the Act of 1894, whether it can be divested
by virtue of the provisions made in s.24 of 2013 Act – Held: When
there is absolute vesting in the State it is vesting along with possession
and thereafter a person who remains in possession is only a
trespasser not in rightful possession – Vesting contemplates absolute D
title, possession in the State – “Vest” means an absolute or
indefeasible right – Thus, the provisions contained under the Act of
2013 do not take vested rights away – There is no deemed lapse
under s.24 in such a case – In case of urgency also before award is
passed as provided in s.17(1), 17(3A) vesting takes place on
fulfillment of conditions – No different intention appears from s.24 E
to divest the land once it has absolutely vested in the State in
accordance with the provisions of the Act of 1894 – Merely by
obtaining interim order or keeping the litigation pending or filing it
afresh that too by way of stale and belated claim after the Act of
2013 has come into force, no divesting of land is contemplated – It F
is only in exigencies provided deemed lapse take place either when
possession not taken or compensation not paid as provided in s.24(2)
and where award has not been passed, the provisions of s.24 of Act
of 2013 applies. (Per majority)
s.24(2) – Accrued right – It is settled law that accrued rights G
cannot be taken away by repealing statutory provisions – The
repealing law must provide for taking away the accrued rights
expressly or by necessary implications – There is no such express
provision or necessary implication – The beneficial intendment of
proviso to s.24(2) is that acquiring body must have arrangement of
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6 SUPREME COURT REPORTS [2018] 2 S.C.R.

A money for payment of compensation with respect to majority of
holding – Law does not contemplate or permit a litigant to misuse
of the provisions – Law does not permit court cover to be used as
shield when there is no legality in the claim and one cannot be
permitted to reap the fruits of one’s own dilatory tactics, money
power to litigate till eternity – The Act nowhere intends that only
B
litigating incumbents who are not accepting acquisition have to be
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 s.24(2) of the Act
C of 2013 – Repeal. (Per majority)
s.24 – Delayed claims – Maintainability of – Held: Stale claims
cannot be entertained even though no time limit is prescribed –
Once Panchnama has been drawn and by way of drawing the
Panchnama physical possession has been taken, the case cannot
D be reopened under the guise of s.24 of Act of 2013 – The provisions
of s.24 do not invalidate those judgment/orders of the courts
whereunder rights/claims have been lost/negatived, neither do they
revive those rights which have become barred, either due to inaction
or otherwise by operation of law – Fraudulent and stale claims are
not at all to be raised under the guise of s.24. (Per majority)
E
s.24(2) – Non-incorporation of word ‘deposit’ in s.24(2) –
Whether casus omissus – Held: s.24(2) uses the expression
“compensation has not been paid” – To complete the payment,
deposit of payment in the court cannot be read as payment to the
landowners – In case the legislature wanted the ‘deposit in Court’
F to be included in ‘paid/ tender’, it could have easily said so – But it
has used expressions differently, with different consequences – There
is casus omissus, i.e. conscious omission made by the Legislature in
main s.24(2) when the expression “deposited” has not been used in
the expression “has been paid”, and it is only after amount tendered
G is declined, it is to be deposited in Court that too in certain exigencies
as per s.31(2).(Per majority)
s.24(2) – Casus omissus – Whether in the provisions of s.24,
there is casus omissus – Absence of provision for excluding the period
of stay/ injunction of a Court order does not at all affect the provision
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 7
(DEAD) THROUGH LRS.

of s.24(2) of the Act of 2013 – It intended that authority should not A
keep pending acquisition due to laxity on their part for five years
or more – It never intended to apply in case they were not able to
perform obligation due to court order or conduct of landowners –
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
B
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. (Per
majority)
s.24(2) – Common law principles – It is well settled that the
statutory provision would prevail upon the common law principles C
– The statutory provisions, contained in s.24 of the Act of 2013, do
not exclude the principles of common law – The principles that can
be excluded are only those in respect to which, provision has been
made in the statute itself or the applicability is ousted by implication
– The observations in respect of the principle of interpretation that D
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 – Thus, mere fact
that in some of the provisions there is a mention about period of
stay being excluded, cannot be taken to be conclusive that in other E
provisions with respect to the effect of stay not to be considered or
common law maxims have no applicability in the context of s.24(2)
of the 2013 Act – The Common Law principles, cannot be ousted, to
do complete justice to parties and to prevent miscarriage of justice,
within purview of s.24 of Act of 2013 – Doctrines/Principles.(Per F
majority)
s.24(2) – Provision of lapse of acquisition, invocation of –
Held: In case possession could not be taken, or compensation could
not be paid or deposited, due to cover of courts’ order or conduct
of land-owner, provision of lapse cannot be invoked – s.24(2), a G
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 – Litigation cannot
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8 SUPREME COURT REPORTS [2018] 2 S.C.R.

A be permitted to become lucrative industry for the unworthy litigant.
(Per majority)
Effect of repeal – Held: The repeal of the Act of 1894 by Act
of 2013 has been made without prejudice or affect the general
application of s.6 of the General Clauses Act, 1897 – s.6 of the
B General Clauses Act provides that unless a different intention
appears, the repeal shall not revive anything not in force – s.6(b)
provides that it would not affect any previous operation of any
enactment so repealed or anything duly done or suffered thereunder
– s.6(e) provides that it will not affect any investigation, legal
proceedings or remedy in respect of any such right, privilege,
C obligation, liability, penalty, forfeiture or punishment unless different
intention appears, and any such investigation, legal proceeding or
remedy may be instituted, or continued or enforced, and any such
penalty, forfeiture or punishment may be imposed as if the repealing
Act or Regulation had not been passed – The provisions of s.6 clearly
D 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 – General Clauses Act, 1897 – s.6. (Per majority)
s.24(2) – The acquisition proceedings do not lapse if the
amount is deposited in the Treasury and such fact is made known to
E the claimants by the competent authority as required in law – Only
interest is attracted, in case if the deposit is not made in Court. (Per
Mohan M. Shantanagoudar, J.)
s.24(2) – Casus Omissus – The conscious omission referred to
in paragraph 11 of the judgment in Sree Balaji does not make any
F 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
s.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 – Interpretation
G of statutes – Interim order. (Per Mohan M. Shantanagoudar, J.)
s.24(2) – Casus Omissus – There is no bar much less absolute
bar on the Court’s jurisdiction to supply casus omissus – If there is
necessity, such omission can be inferred – Casus omissus must be
supplied to s.24(2) of the 2013 Act due to the necessity and the
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 9
(DEAD) THROUGH LRS.

need for consistency – If a provision of the Act is inconsistent or A
ambiguous, the same needs to be clarified for bringing the meaning
of the said provision consistent with the rest of the Act, if need be,
by supplying meaning to such provision – In the instant case, there
are many provisions in the 2013 Act which exclude periods of interim
stay, such as s.19(7) and the Explanation to s.69(2) of that Act – It
B
only makes the statute more consistent if s.24(2) is read in light of
other provisions such as s.19(7) and the Explanation to s.69(2),
which make interim stay orders exceptions to calculating periods
of time under the Act – In this way, repugnancy and inconsistency
with the rest of the statute is avoided – There is a clear necessity to
read the exclusion of interim stay into s.24(2) of the 2013 Act so as C
to make its meaning consistent with the rest of the enactment, where
in similar situations the periods of stay are
excluded.(Per Mohan M. Shantanagoudar, J.)
s.24(2) – The principle of “actus curiae neminemgravabit”, i.e
the act of the court should not prejudice any parties, would be D
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 s.24(2) of the 2013 Act
– Doctrines/Principles. (Per Mohan M. Shantanagoudar, J.)
s.24(2) and its proviso – “tender”, “payment”, and “deposit” E
– Interpretation of – Whether these terms can be used
interchangeably – Word ‘deposit’ whether synonymous with the word
‘payment’ – Held: The 2013 Act use “tender”, “payment”, and
“deposit” at different places in the enactments – Tender and
payment are two different terms – However, “payment” has been
treated similar to “deposit” within s.24(2) itself, as well as in other F
provisions – A plain reading of sub-section 2 of s.24 of the 2013
Act discloses that in case either the physical possession of the land
has not been taken, or the compensation has not been paid, the
acquisition proceedings shall be deemed to have lapsed – However,
the proviso to sub-section 2 of s.24 emphasizes that after the award G
is made, if compensation in respect of majority of the land holdings
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
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10 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 “deposit” in the account
of beneficiaries as contained in proviso to s.24(2) of the 2013 Act
would mean deposit in the account of beneficiaries in the Treasury
B
– s.80 also recognises deposit of compensation as being equivalent
to payment of compensation. (Per Mohan M. Shantanagoudar, J.)
s.24 – Whether the judgment in Pune Municipal Corporation is
per incuriam – Held: A decision is rendered per incuriam if it is
made through some mistake, or under a misapprehension as to a
C decision or a dictum of a judge, which is the result of a material
oversight – A decision, judgment or verdict can be rendered per
incuriam if given without considering any provision in a statute
which was not brought to the notice of the court or if it is not possible
to reconcile its ratio with that of a previously pronounced judgment
D 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 – The
judgment in Pune Municipal Corporation was not rendered per
incuriam, as the conclusion is reached by proceeding in detail on
the interpretation of relevant statutory provisions – However, the
reasons assigned and conclusions arrived at by the Court in the
E said judgment are not acceptable – Though the Rules are not
adverted to in the case of Pune Municipal Corporation, the discussion
as a whole, if looked into, would make it clear that the Court while
deciding the said judgment, discussed in detail about the failure to
deposit in the Court, so also, about the effect of deposit in Treasury
F – Hence, merely because the Rules of certain States are not
considered, the judgment in Pune Municipal Corporation cannot be
termed as per incuriam – In other words, merely because the Rules
are not referred to specifically in the judgment, it cannot be said
that there is non-consideration of the effect of the Rules – Thus it
cannot be said that the said judgment is through want of care or
G inadvertence – The proper course is to refer the matter to a larger
Bench. (Per Mohan M. Shantanagoudar, J. – Dissenting view)
s.24(2) and its proviso – Interpretation of – The proviso to
sub-section 2 of s.24 does not require the State to pay the
compensation in respect of minority holdings for saving acquisition –
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 11
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It is sufficient if the compensation is deposited in respect of minimum A
holdings in the account for saving the acquisition – Since the proviso
to sub-section 2 of s.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
B
sub-section 2 of s.24 has a strong link or co-relation with the word
“deposit” – A reading of sub-section 2 of s.24 along with the
proviso would make it clear that even if the compensation in respect
of minority of the land holdings is deposited in the account of such
minority beneficiaries, the acquisition does not lapse – At the most,
every land-loser is entitled to the higher compensation as per the C
provisions of the 2013 Act – Since the proviso does not refer to the
words “payment of compensation” and as the main provision i.e.
sub-section 2 of s.24 does not refer to the word “deposit”, the only
interpretation that is possible is that, if either deposit is made in the
Treasury in the name of minority holders or payment is made at
D
least to minority holders, the acquisition does not lapse – If the
word “paid” as found in sub-section 2 of s.24 is not treated as
“deposited” in the account of beneficiaries, then the proviso to
sub-section 2 of s.24 would become otiose.
(Per Mohan M. Shantanagoudar, J.)
Land Acquisition Act, 1894: E

s.31 – Consequence of not depositing the amount under s.31
of the 1894 Act – The expression used in s.31 is not “paid”, it is
only “tender payment” and there is obligation to pay compensation
unless prevented by a cause under sub-section (2) of s.31 – In case
there is dispute as to person entitled to compensation or its F
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 G
of exorbitant interest under s.34 of the Act of 1894 – Apart from
that s.31(2) does not cover all the exigencies and it does not require
that invariably the compensation has to be deposited with the court
– It is only when reference is sought that reference court comes to
picture not otherwise as provided in rules/orders in case person
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12 SUPREME COURT REPORTS [2018] 2 S.C.R.

A refuses and seeks a reference to court it has to be deposited in
court where reference would be submitted otherwise as provided in
the rules it has to be deposited in treasury – Even s.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 ss.31(2)
B
or 24(2) of old and new Acts respectively as these are two different
exigencies and consequence of non-payment of compensation is
clearly culled out in s.34. (Per majority)
ss.31, 34 – Prejudice due to non-deposit in court – Held: As
per the provisions contained in s.34, a person can claim the interest
C in case amount is not deposited as envisaged under s.31(2) if
authorities are at fault – In the given situation unless aggrieved
party makes out a case of prejudice and injustice, every infraction
of law would not vitiate the act. (Per majority)
s.31(2), first proviso – Payment received under protest –
D Maintainability of reference – Held: It is open to a person, under
the first proviso to s.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 – In case awarded amount has been
accepted without protest, reference cannot be maintained under
E s.18.(Per majority)
s.31(2) – Expression “tender”, meaning – Consequence of
tender – The meaning of expression “tender”: is when a person
has tendered the amount and made it unconditionally available - If
the landowner refused to receive it, the person who has tendered
F the amount cannot be saddled with the liability, which is to be visited
for non-payment of the amount. (Per majority)
s.31 – Expression ‘tender’ – Whether expression “deposited”
in s.31 is included in expression ‘payment’ under s.24(2) of 2013
Act – Held: The expression used in s.31 of Act of 1894 and s.77(1)
G of Act of 2013 is to “tender payment” – Once there is tender, then
in case of refusal to accept the same,the obligation to pay under
s.31(1) is complete by tender, and that tantamount to making the
payment; and, that is precisely what is intended by the word “paid”
in s.24(2) of 2013 Act – In s.31(2) of the 1894 Act, the word
‘deposited in Court’ is used – The deposit in Court is not payment to
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 13
(DEAD) THROUGH LRS.

the beneficiaries – It is only after their refusal to accept the A
compensation tendered under s.31(1) of the Act of 1894 that it is to
be deposited in Court – Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013 – s.24(2). (Per majority)
s.31 – Deposit made in the court – Whether amounts to tender B
– Held: Deposit made in the court cannot be said to be payment
made to the landowner i.e. persons interested/beneficiaries – Thus,
in case deposit is directly made in the court without tender, it could
not be said that it was tendered or paid – ‘Deposit in court’ simply
is the discharge of Collector’s liability of making payment of interest
as envisaged under s.34 of the 1894 Act, and no more; deposit in C
Court is not tender to landowner – Once the amount has been
tendered and not accepted, obligation to pay is discharged, as
envisaged under s.31(1); no penal consequences can follow and,
the person who has refused to accept cannot be permitted to take
an advantage of his own wrong, or in case his conduct is of filing D
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 s.34.(Per majority)
ss.31, 34 – Deposit in Treasury – Held: The various States E
have made rules for unaccepted compensation to be deposited in
the Treasure as revenue deposits when the landowners do not appear
on the notified date to collect their compensation – Thus, a deposit
in Court is not 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 F
compensation is deposited is a matter of procedure – 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 s.31(2) only had the effect of attracting
interest payment as per s.34 of the 1894 Act. G
(Per Mohan M. Shantanagoudar, J.)
s.55 – Dealing with public money – Effect of Rules framed
under s.55 and orders issued by State Governments – There are
various state rules framed under s.55 by various state governments
as well as there are instructions issued with respect to dealing with H
14 SUPREME COURT REPORTS [2018] 2 S.C.R.

A government money as provided in Art. 283 of the Constitution of
India, and when it is the government money it has to be dealt with in
accordance with the instructions issued by the state government
from time to time – There are other Financial Codes/Rules/orders
issued time to time by various State Governments with respect to
dealing with Government money – They have the force of law – The
B
duty of the court is to harmonize rules with provision of Act.(Per
majority)
s.55 – Public money – Mode of payment of compensation –
Held: Art.283(1) of the Constitution of India mandates that matters
pertaining to custody of the Consolidated Fund of India and the
C 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 –
Art.283(2) mandates that similar matters of the States’ Consolidated
D Funds etc. are to be regulated by law made by the State Legislatures
– States have framed rules pursuant to Art.283(2) as to how the
public moneys are to be handled – s.55 of the 1894 Act empowers
the State to make rules for guidance of officers – Pursuant to
Art.283(2) and s.55 of the 1894 Act, various States, such as, Assam,
Bihar, Orissa, Kerala, West Bengal, Delhi and Punjab have framed
E 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 – The Court in
the case of Pune Municipal Corporation did not consider such rules
F passed by the States that direct the deposit of unclaimed
compensation in the Treasury – Constitution of India – Art.283.
(Per Mohan M. Shantanagoudar, J.)
Land Acquisition:
Role of State when landowners do not accept compensation/
G acquisition – Duty of landowners/litigants – Held: State authorities
are not expected to retain the money with them and run after the
landowners and match with their dilatory tactics with vigil to find
out that one ultimate day, the litigation would attain finality – Once
by their conduct, there is refusal to accept the land acquisition itself,
H much less compensation, in such circumstances such landowners
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 15
(DEAD) THROUGH LRS.

have to inform the authorities about the outcome of the litigation A
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.(Per
majority)
B
Mode of taking physical possession – Recording of
panchnama/memorandum by Land Acquisition Officer would
constitute taking possession of land – If possession 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 would be sufficient that
symbolic possession is taken by preparing appropriate document C
in the presence of independent witnesses and getting their signatures.
(Per majority)
Challenge to acquisition – Claim for damages and interest
after losing the challenge – The maxim “nullus commodum capere
potest de injuria sua propria” i.e. ‘No man can take advantage of his D
own wrong’ – A “tender” of the amount to be paid operates as a
bar upon any claim for damages and interest – Thus, when once
“tender” of the amount had been made, in any of the prescribed
modes, which met with refusal to accept it and/or by the conduct of
indulging in incessant litigation which, in some instances, culminated E
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 – Maxims.(Per majority)
Delay/laches – Dilatory tactics – It is a settled proposition F
that one cannot be permitted to take advantage of his own wrong –
The doctrine “commodum ex-injuria sua Nemo habere debet” means
convenience cannot accrue to a party from his own wrong – No
person ought to have advantage of his own 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 G
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
fruits owing to the delay caused by unscrupulous persons by their
own actions by misusing the process of law and dilatory tactics –
Maxims.(Per majority) H
16 SUPREME COURT REPORTS [2018] 2 S.C.R.

A Doctrines/Principles:
Doctrine of impossibility – The maxims namely ‘nemo tenetur
ad impossibilia’ regarding the impossibility of performance of an act
may not be strictly applicable, as acts, under s.31 or 24, were capable
of being performed but authorities were disabled to perform them
B 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 said aspect is relevant and
underlying principle of inability to perform has to be considered in
the backdrop of fact whether it was in the control or capacity of
C authority to perform actions which were possible to be performed
but when it was not possible to perform or were incapacitated to
perform – In such event, person responsible for interdicting cannot
ask him to be put in advantageous position for non-compliance of
an act, which possibly would have been performed, but for such
D action – Land Acquisition Act, 1894 – s.31 – Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 – s.24. (Per majority)
Principle of Restitution – While construing provisions of
s.24(2) applicable in case of lis, the principle of restitution which
E enjoins a duty upon the courts to do complete justice to the party at
the time of final decision is to be kept in mind – Successful party at
the end of the litigation has to be placed as far as possible at the
same place unless it would have been had the interim order not
being passed – In doing away the effect of interim order by resorting
to fact of restitution is in fact obligation of the court – Right to Fair
F Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 – s.24(2). (Per majority)
Interpretation of Statutes:
Addition to, or subtraction from, the Act – Permissibility – It
G is not open to Court to either add or subtract, a word – The legal
maxim “A Verbis Legis Non Est Recedendum” means: from the words
of law, there must be no departure – Before adding the word or
omitting a word the court has to consider the intended purpose of
the statute or the provision in question; that by inadvertence the
draftsman and Parliament failed to give effect to that purpose in
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 17
(DEAD) THROUGH LRS.

the provision in question, and substance of the provision Parliament A
would have made, although not necessarily the precise words
Parliament would have used, had the error in the Bill been noticed
– Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 – s.24(2).(Per majority)
Harmonious construction – While making statutory B
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 whole, a
consistent enactment – Such a construction would have the merit of
avoiding any inconsistency or repugnancy, either within a given
section or as between a particular section on the one hand and C
other parts of the statute on the other. (Per majority)
Different expressions – 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.(Per majority)
D
Purposive construction – 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 make a consistent enactment
of the whole statute – This would be more so if literal construction E
of a particular clause leads to manifestly absurd or anomalous
results which could not have been intended by the Legislature – An
intention to produce unreasonable result is not be imputed to a statute
if there is some other construction available – Where, to apply words
literally would defeat the obvious intention of the legislation and F
produce a wholly unreasonable result, something must be fed to the
provision so as to achieve the obvious intention and produce rational
construction – Land Acquisition Act, 1894 – Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013. (Per Mohan M. Shantanagoudar, J.)
G
Interim order:
Consequence of interim order – Held: When there is interim
stay with respect to possession or order of status quo, everything
comes to stand still till the interim order is vacated – When once the
court has restrained the State authorities to take possession, or to
H
18 SUPREME COURT REPORTS [2018] 2 S.C.R.

A maintain status quo, they cannot pay the amount or do anything
further, as such the consequences of interim orders cannot be used
against the State – Land acquisition. (Per majority)
Effect of – Held: It is settled proposition of law that no litigant
can derive the benefit of pendency of a case in a court of law – In
B case any interim order is passed during the pendency of litigation it
merges in the final order – In case, the case is dismissed the interim
order passed during its pendency is nullified automatically. (Per
majority)
Per incuriam – Decision in Pune Municipal Corporation case –
C Principle of ‘per incuriam’, applicability – The concept of “per
incuriam” signifies those decisions rendered in ignorance or
forgetfulness of some inconsistent statutory provisions, or of some
authority binding on the Court concerned – The concept means
that a given decision is in disregard of the previous decisions of the
Court itself, or that it was rendered in ignorance of the terms of an
D applicable statute or of a rule having the force of law – In the
instant case, the decision in Pune Municipal Corporation case is held
per incuriam. (Per majority)
Repeal – Effect of repealing law on accrued rights – Held: It
is settled law that accrued rights cannot be taken away by repealing
E statutory provisions – The repealing law must provide for taking
away such rights expressly or by necessary implications. (Per
majority)
Words and phrases – Vesting – Meaning of. (Per majority)

F Answering the reference, the Court
HELD:
PER ARUN MISHRA, J. (For himself and for
Adarsh Kumar Goel, J.) (MAJORITY VIEW)
1. INTERPRETATION OF SECTION 24
G
1.1 In case the award has not been passed then as per
section 24(1)(a), compensation has to be determined under the
Act of 2013. 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
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 19
(DEAD) THROUGH LRS.

has not been repealed. However, in case physical possession of A
the land has not been taken, or the compensation has not been
paid, the proceedings shall be deemed to have lapsed; and, in
case of compensation with respect to a majority of landholdings
has not been deposited in the account of the beneficiaries, then,
all beneficiaries i.e. landowners shall be entitled to compensation
B
in accordance with the provisions of the Act of 2013. [Para 24][75-
E-G]
1.2 In section 24(2), the expression that has been employed
is “compensation has not been paid”. The expression
“deposited”, which occurs in the proviso to sub-section (2), has
not been used in the main section 24(2). Its proviso uses the C
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 D
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 would not lapse, and only
compensation under the new Act would be payable. Whereas,
under the main part of section 24(2), it is apparent that, the
expression “compensation has not been paid” has been used. E
The word “deposited” is missing from main part of section 24(2),
and it is only used in the proviso. Thus, the Legislature has used
two different expressions to carry, respectively different meanings;
and, the proviso operates in a different field, where the acquisition
would not lapse. The object is that a body or State Government, F
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. 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. [Paras 25, 26 and 27][75-H; G
76-A-E]
1.3 The expression used in section 31 of Act of 1894 and
Section 77(1) of Act of 2013 is to “tender payment”. Once there
is tender, then in case of refusal to accept the same,the obligation
H
20 SUPREME COURT REPORTS [2018] 2 S.C.R.

A to pay under section 31(1) is complete by tender, and that
tantamount to making the payment; and, that is precisely what is
intended by the word “paid” in section 24(2) of 2013 Act. 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
B
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 reference is
sought, the amount is to be deposited in court where reference
would be submitted otherwise it is to be deposited in the treasury.
If the expression “deposited”, used in the proviso to section
C 24(2), and expression “paid” used in main section 24(2), are both
taken as contained in expression “paid” i.e. the tender; and, on
refusal it is deposited in court to make the “payment” complete;
if expression “deposited” is included in expression ‘payment’
under Section 24(2), inconsistency and repugnancy would be
caused as between the proviso and the main sub-section; which
D
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. [Paras 28, 29][76-F-H; 77-A-B]
2. MEANING OF “PAID” IN SECTION 31 OF THE ACT
OF 1894 AND SECTION 24(2) OF THE ACT OF 2013 :
E 2.1 The meaning of expression “tender”: is when a person
has tendered the amount and made it unconditionally available
and the landowner has refused to receive it, the person who has
tendered the amount cannot be saddled with the liability, which
is to be visited for non-payment of the amount. “Tender” may
F 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. The expression
“tender” has been used in section 31. The concept of deposited
in court is different from “tender” and “paid”. [Para 32][77-F-G]
Straw Board Manufacturing Co. Ltd., Saharanpur v.
G
Gobind AIR 1962 SC 1500 : [1962] Suppl. SCR 618;
The Management of Delhi Transport Undertaking v. The
Industrial Tribunal, Delhi & Anr. AIR 1965 SC 1503;
Indian Oxygen Ltd. v. Narayan Bhoumik (1968) 1 PLJR
94; N.B. Sanjana, Assistant Collector of Central Excise,
H Bombay & Ors. v. The Elphinstone Spinning & Weaving
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 21
(DEAD) THROUGH LRS.

Mills Co. Ltd. (1971) 1 SCC 337; J. Dalmia v. A
Commissioner of Income Tax, New Delhi AIR 1964 SC
1866 : [1964] SCR 579 – relied on.
Black’s law Dictionary – referred to.
2.2 The expression “paid” would mean in section 31(1) of
Act 1894 and section 24(2) of Act of 2013 as soon as it is offered B
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. The
legal maxim “A Verbis Legis Non Est Recedendum” means: from
the words of law, there must be no departure. When language of
the provision is clear, there is no scope for reading something C
into it. Section 24(2) uses the expression “compensation has not
been paid”. To complete the payment, deposit of payment in the
court cannot be read as payment to the landowners. Deposit cannot
and need not be added to expressions paid/ tender. In case the
legislature wanted the ‘deposit in Court’ to be included in ‘paid/ D
tender’, it could have easily said so. But it has used expressions
differently, with different consequences. 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 in a E
discernibly distinctive sense than the sense conveyed by the word
“deposited” occurring in the proviso – both are required to be
given different meanings. There is casus omissus, i.e. conscious
omission made by the Legislature in main Section 24(2) when
the expression “deposited” has not been used in the expression F
“has been paid”, and it is only after amount tendered is declined,
it is to be deposited in Court that too in certain exigencies as per
section 31(2). [Paras 39, 41(a), 41(b), 42][81-D; 82-B; 85-A-B,
E-H; 86-A]
Nali Nalinakhya Bysack v. Shyamsunder Halder AIR
G
1953 SC 148 : [1953] SCR 533; State of Madhya
Pradesh v. G.S. Dall and Flour Mills AIR 1991 SC 772
: [1990] 1 Suppl. SCR 590; State of Gujarat and Ors.
v. Dilipbhai Nathjibhai Patel and Anr. (1998) 3 SCC
234 : [1998] 2 SCR 56; Competition Commission of
India v. Steel Authority of India Ltd. (2010) 10 SCC H
22 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 744 : [2010] 11 SCR 112; Assessing Authority cum-
Excise and Taxation Officer v. East India Cotton Mfg.
Co. Ltd. (1981) 3 SCC 531 : [1982] 1 SCR 55; Paul
Enterprises & Ors. v. Rajib Chatterjee & Co. & Ors.
AIR 2009 SC 187 : [2008] 14 SCR 419; Sakshi v.
Union of India (2004) 5 SCC 518 : [2004] 2 Suppl.
B
SCR 723; Commissioner of Income Tax, Kerala v. Tata
Agencies (2007) 6 SCC 429 : [2007] 8 SCR 136; Ram
Narain Medhi v. State of Bombay AIR 1959 SC 459
: [1959] Suppl. SCR 489; S.P. Gupta v. President of
India AIR 1982 SC 149 : [1982] SCR 365; Dadi
C Jagannadham v. Jammulu Ramulu (2001) 7 SCC 71 :
[2001] 2 Suppl. SCR 60; P.K. Unni v. Nirmala Industries
AIR 1990 SC 933 : [1990] 1 SCR 483; Royal Trust
Company v. Minister Of Finance AIR 1921 PC 184 –
relied on.
D Crawford v. Spooner (1846) 6 Moore PC 1; Lord
Howard de Walden v. IRC (1948) 2 AER 825 – referred
to.
“Principles of Statutory Interpretation” by G.P. Singh (14th
edition) – referred to.
E 2.3 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 whole, a consistent
enactment. Applying the rule of harmonious construction to the
provisions of section 24(2) of the Act of 2013, i.e. as between the
F 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) as a whole;
and, that is what has to be avoided. In the instant case, proviso to
G
Section 24(2) cannot be ignored while interpreting the main
subsection. 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
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 23
(DEAD) THROUGH LRS.

harmonized construction of provision of section 24(2). Since there A
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. There is no
accidental omission as to the concept of payment in section 24(2)
or section 31(1) of these Acts. Thus, it is not permissible to supply
B
the word “deposited” to include in the expression “payment”.
[Paras 44-48][86-F-G; 87-A-E]
Raj Krushna v. Binod Kanungo AIR 1954 SC 202 :
[1954] SCR 913; Sultana Begum v. Premchand Jain
AIR 1997 SC 1006 : [1996] 9 Suppl. SCR 707; Kailash
Chandra v. Mukundi Lal (2002) 2 SCC 67 : [2002] 1 C
SCR 83; CIT v. Hindustan Bulk Carriers (2003) 3 SCC
57 : [2002] 5 Suppl. SCR 387; Balasinor Nagrik
Cooperative Bank Limited v. Babubhai Shankerlal
Pandya (1987) 1 SCC 606 – relied on.
Inco Europe Ltd. v. First Choice Distribution (a firm) D
by the House of Lords in (2000) 2 All ER 109 – referred
to.
2.4 Rule of literal construction lays down that words of a
statute are first understood in their natural, ordinary or popular
sense and phrases, and sentences are construed according to E
their grammatical meaning. In the instant case, when giving the
plain, natural and grammatical meaning to the word ‘paid’/ ‘tender’,
which has been used in contradistinction to the words “deposited
in court”, it is clear that tendering payment would not include
deposit in court, in that it is only when payment is refused, that
the same is deposited in court; obligation to pay is over as soon F
as amount is tendered and refused. [Paras 49(a), 50][88-A; 89-E-
F]
Harbhajan Singh v. Press Council of India AIR 2002
SC 1351 : [2002] 2 SCR 369 – relied on
G.P. Singh, in “Principles of Statutory Interpretation” G
(14th edition), at Page 91 – referred to.
2.5 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. This principles of statutory
construction that different words to be given different meaning H
24 SUPREME COURT REPORTS [2018] 2 S.C.R.

A indicate that the expression ‘deposited’ cannot be added to
‘tender’/‘paid’, both carry different consequences under section
24, tender on lapse of acquisition/non-deposit higher interest
under section 34 of the Act of 1894. It is a settled proposition of
law that when two different expressions have been used in section
24(2) of the Act of 2013, as well as in section 31 of the Act of
B
1894, i.e. “paid to the landowners” and “deposited in the court”,
they both carry different meanings, and have to be interpreted as
used in the respective contexts. It is not the expression used
that deposit in the court is payment to landowners, neither it is
used that amount deposited in the treasury is the payment to the
C 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. [Paras 51(a), 51(d), 51(e)][89-H; 92-B-E]
D
Member, Board of Revenue v. Arthur Paul Benthall AIR
1956 SC 35 : [1955] SCR 842; CIT v. East West Import
& Export (P) Ltd., Jaipur (1989) 1 SCC 760 : [1989] 1
SCR 570; Kailash Nath Agarwal v. Pradeshiya
Industries and Investment Corporation of Uttar Pradesh
E (2003) 4 SCC 305 : [2003] 1 SCR 1159; Tejmohammed
Hussainkhan Pathan v. V.J. Raghuvanshi (1993) Suppl.
2 SCC 493; D.L.F. Qutab Enclave Complex Educational
Charitable Trust v. State of Haryana (2003) 5 SCC 622
: [2003] 2 SCR 1; Pallawi Resources Ltd. v. Protos
F Engineering Company Pvt. Ltd. (2010) 5 SCC 196 :
[2010] 3 SCR 847; Grasim Industries Ltd. v. Collector
of Customs, Bombay (2002) 4 SCC 297 : [2002] 2 SCR
945; B.R. Enterprises v. State of U.P. AIR 1999 SC 1867
: [1999] 2 SCR 1111; ShriIshar Alloy Steels Ltd. v.
Jayaswals Neco Ltd. (2001) 3 SCC 609 : [2001] 2 SCR
G 36; Labour Commissioner, Madhya Pradesh v.
Burhanpur Tapti Mills and Ors. AIR 1964 SC 1687 –
referred to.
Brighton Parish Guardians v. Strand Union Guardians
1891 QB 156 – referred to.
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 25
(DEAD) THROUGH LRS.

G.P. Singh, in his treatise Interpretation of Statutes A
(14th Edition) at page 395 – referred to.
2.6 When considering the intendment of the beneficial
provisions of the Act of 2013, it addresses the concern of farmers
and of those whose livelihood is dependent upon the land being
acquired, while at the same time facilitating land acquisition for B
myriad reasons, including urbanization, rural electrification 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. [Para 53][92-F-H] C

3. EFFECT OF RULES FRAMED UNDER SECTION 55
OF 1894 ACT AND ORDERS ISSUED BY STATE
GOVERNMENTS
3.1 There are various State rules framed under section 55 D
of the Act of 1894 by various State Governments as well as there
are instructions issued with respect to dealing with Government
money as provided in Article 283 of the Constitution of India,
and when it is the Government money it has to be dealt with in
accordance with the instructions issued by the State Government
from time to time. There are other Financial Codes/Rules/orders E
issued time to time by various State Governments with respect
to dealing with Government money. It is apparent from rules that
when no reference is sought on refusal to accept, amount is to be
deposited in treasury. Rules have to be harmonized with the
provision in the Act, thus, it would be necessary to deposit in F
court when reference is sought. Thus, under section 31(2)
provision of deposit in court on refusal would be attracted, when
reference had been sought, as provided in rules. Section 31(2)
does not come in play at all in cases of refusal to accept amount
when reference has not been sought and deposit in treasury would
be valid deposit even otherwise where reference is sought and G
person refuses to accept it only liability of non-compliance of
deposit in Court would be higher interest under section 34.
[Paras 54, 60][93-A-C; 98-B-C]
3.2 ‘Deposit-in-treasury’ is stipulated under the rules made
H
26 SUPREME COURT REPORTS [2018] 2 S.C.R.

A with reference to a constitutional provision, so also framed under
Section 55 of the 1894 Act, as well as under other statutory or
administrative powers. The deposit in treasury is not, in any
manner, invalid. If the deposit is valid, there is no reason to hold
that the said deposit has to be ignored. Government finances,
after all, have to be handled as per the applicable rules. The
B
deposit in treasury is as per binding procedural rules/orders
issued by Government of India and/or in exercise of the powers
under Article 283 of the Constitution of India. [Para 63][99-D-F]
Delhi Development Authority v. Sukhbir Singh & Ors.
(2016) 16 SCC 258 : [2016] 5 SCR 227 – partly
C dissenting.
4. PRACTICAL DIFFICULTY ON REFUSAL/NON-
ACCEPTANCE OF COMPENSATION BY CONDUCT;
PRACTICE AND LEGAL POSITION UNDER ACT OF 1894.
D 4.1 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 non-acceptance of acquisition/compensation. State
authorities cannot retain the money in their own hands in such
E circumstances and are bound to deposit the Government money
where it is supposed to be i.e. in the treasury as provided in rules.
Thus, by conduct also, there can be non-acceptance of
compensation. Once compensation is accepted, right to challenge
acquisition would vanish. State authorities are not expected to
F retain the money with them and run after the landowners and
match with their dilatory tactics with vigil to find out that one
ultimate day, the litigation would attain finality. Once by their
conduct, 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
G in case they have lost, to ask for compensation. Same would be
the position in case amount is deposited in court. They have to
apply for its withdrawal. The obligation of authorities is at initial
stage. At subsequent stage, unless and until there is willingness
shown by landowners/interested persons to accept the
H compensation, authorities cannot presume that they would accept
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 27
(DEAD) THROUGH LRS.

it and that landowners are not going to question acquisition in A
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 interim stay
also authorities cannot offer the compensation as that would
tantamount to violation of court’s order and after interim stay
B
ceases to operate, it is for the landowners to apprise the authorities
of their intention not to take the litigation further and their
willingness to accept compensation. Section 24(2) does not
provide cover to such litigation. [Para 64][99-G-H; 100-A-G]
4.2 The law as prevailed under the Act of 1894 never
invalidated any land acquisition in the absence of amount being C
deposited in court since the time immemorial in most cases where
reference is not sought, amount had been invariably deposited in
the Treasury as provided in statutory rules framed under section
55 of Act of 1894 and other standing order issued by State
Governments, and there were decisions of this Court which have D
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 E
framed under section 55 of the Act of 1894 and order to invalidate
all such land acquisitions which have taken place in various States
in the country by laying down that once amount has not been
deposited in the court but in treasury, acquisitions would lapse
under section 24. It will be a very harsh operation of law as old F
Act never provided for such a consequence since 1894 the Act
was enacted till new 2013 Act came into force. When there were
such anomalous 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 G
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
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28 SUPREME COURT REPORTS [2018] 2 S.C.R.

A to person entitled to it or apportionment thereof between the
claimants. Primarily it is for the Land Acquisition Collector to
distribute the compensation and poor farmers are not supposed
to know the court and place where the reference would be made,
if it was not sought person would not know a place where it would
not be submitted to court, the question of deposit in court would
B
not arise. The court is not disbursing authority of compensation
when reference is not sought. Farmers/ claimants are primarily
concerned 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
C 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 to be a law
which would be to invalidate concluded transaction as per
D
prevailing law and divest the land which has vested in State,
development has taken place, possession taken, awards passed,
after litigation/several rounds of litigation lost and then land cannot
be ordered to revert back. The law does not intend that effect, as
it may be termed as arbitrary and beyond legislative competence.
E Such misuse of provisions and anomalous results need to be
avoided. [Para 66][101-G-H; 102-A-H; 103-A]
4.3 The spirit of the provisions of the Act of 2013 is to
benefit farmers, at the same time, not to thwart the entire
development which has taken place or to burden the Exchequer
F with such liability which is not contemplated in the Act of 2013
and invalidate acquisitions that have taken place in 1912, 1950s
and 1960s onwards and have attained finality, as are sought to be
reopened under the guise of 2013 Act taking advantage of the
said technical aspect. Courts are duty-bound to thwart all such
attempts as the land which has been acquired long back, it would
G not be possible to make payment of compensation as of the rate
as provided in the Act of 2013 to undeserving persons at the
cost of public revenue, and it would not be appropriate to interpret
the provisions in such a manner to entertain stale and dead claims
and to revive them on the ground of technical and procedural
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 29
(DEAD) THROUGH LRS.

defaults, if any, and created by landowners conduct. The A
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. [Para 67][103-B-E]
5. PREJUDICE DUE TO NON-DEPOSIT IN COURT: It B
is trite law that in the given situation unless aggrieved party
makes out a case of prejudice and injustice, every infraction of
law would not vitiate the act. [Para 69][104-B-C]
Jankinath Sarangi v. State of Orissa (1969) 3 SCC 392;
Sunil Kumar Banerjee v. State of West Bengal (1980) 3 C
SCC 304 : [1980] 3 SCR 179; State of Andhra Pradesh
v. Thakkidiram Reddy (1998) 6 SCC 554 : [1998] 3
SCR 1088; Willie (William) Slaney v. State of Madhya
Pradesh AIR 1956 SC 116 : [1955] SCR 1140; Abdul
Sayeed v. State of Madhya Pradesh (2010) 10 SCC 259
: [2010] 13 SCR 311; State of Punjab v. Davinder Pal D
Singh Bhullar AIR 2012 SC 364 : [2011] 15 SCR 540;
Bahamans v. State of Karnataka (2012) 9 SCC 650 :
[2012] 7 SCR 909 – relied on.
6. CONSEQUENCE OF NOT DEPOSITING THE
AMOUNT UNDER SECTION 31 OF THE 1894 ACT : E

6.1 In case there is dispute as to person 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 F
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. Apart from that section 31(2) does not
cover all the exigencies and it does not require that invariably
the compensation has to be deposited with the court. It is only G
when reference is sought that reference court comes to picture
not otherwise as provided in rules/orders in case person refuses
and seeks a reference to court it has to be deposited in court
where reference would be submitted otherwise as provided in
the rules it has to be deposited in treasury. It is only when court
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30 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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
B
new Acts respectively as these are two different exigencies and
consequence of non-payment of compensation is clearly culled
out in section 34. There is a liability for payment of interest. [Para
71][105-C-G]
Delhi Development Authority v. Sukhbir Singh & Ors. (2016)
C 16 SCC 258 : [2016] 5 SCR 227; Hissar Improvement v. Smt.
Rukmani Devi & Anr. AIR 1990 SC 2033; Kishan Das &
Ors. v. State of U.P. & Ors. (1995) 6 SCC 240 : [1995] 3
Suppl. SCR 584; Seshan & Ors. v. Special Tehsildar & Land
Acquisition Officer, SPICOT, Pudukkottai (1996) 8 SCC 89 :
D [1996] 1 SCR 1058; D Block Ashok Nagar (Sahibabad) Plot
Holders’ Association (Regd.) v. State of U.P. & Ors. (1997)
10 SCC 77 : [1997] 3 SCR 1096 – relied on.
6.2 Deposit in Treasury is permissible mode of deposit under
the proviso to section 24(2) and within the purview of main
E section 24(2). The expression “deposited in the account of
landowners” would not mean deposited in the court as envisaged
in Section 31(2) of the old Act, action as permissible as per the
financial instructions having statutory or administrative orders
having force of law as well as under the Rules framed by various
State Governments in exercise of power under section 55 of Act
F 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 would be full
compliance of the proviso of section 24(2) of new Act.[Para
G 76][107-D-G]
Mahavir & Ors. v. Union of India 2018(1)
SCALE 174; Nazir Ahmed v. King Emperor AIR 1936
PC 253 (2) – relied on.

H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 31
(DEAD) THROUGH LRS.

7. WHETHER SECTION 24(2) DIVESTS THE STATE OF A
LAND
7.1 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 B
is acquired. Merely by obtaining interim order or keeping the
litigation pending or filing it afresh that too by way of stale and
belated claim after the Act of 2013 came into force, no divesting
of land is contemplated. It is only in exigencies provided deemed
lapse take place either when possession not taken or
compensation not paid as provided in Section 24(2) and where C
award has not been passed, the provisions of section 24 of Act of
2013 applies. [Para 79][109-C-E]
State of Punjab v. Sadhu Ram 1996 (7) JT 118 : [1995]
5 Suppl. SCR 448; Star Wire (India) Ltd. v. State of
Haryana & Ors. (1996) 11 SCC 698 : [1996] 7 Suppl. D
SCR 6; Market Committee v. Krishan Murari (1996) 1
SCC 311 : [1995] 4 Suppl. SCR 787; PuttuLal (dead)
by LRs. v. State of U.P. & Anr. (1996) 3 SCC 99:[1996]
2 SCR 638 – relied on.
Black’s Dictionary – referred to. E
7.2 When there is absolute vesting in the State it is vesting
along with possession and thereafter a person who remains in
possession is only a trespasser not in rightful possession. Vesting
cannot be considered with any rider as to title or possession.
Vesting contemplates absolute title, possession in the State.
There is no deemed lapse under section 24 in such a case. In F
case of urgency also before award is passed as provided in section
17(1), 17(3A) vesting takes place on fulfillment of conditions.
[Paras 81(d), 82][113-G-H; 117-D]
Fruit and Vegetable Merchants Union v. Delhi
Improvement Trust AIR 1957 SC 344 : [1957] SCR 1; G
Mosammat Bibi Sayeeda v. State of Bihar (1996) 9 SCC
516 : [1996] 1 Suppl. SCR 799; J. S. Yadav v. State of
Uttar Pradesh (2011) 6 SCC 570 : [2011] 5 SCR 460 –
relied on.
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32 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 7.3 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 of money for
B
payment of compensation with respect to majority of holding. Law
does not permit court cover to be used as shield when there is
no legality in the claim and one cannot be permitted to reap the
fruits of one’s own dilatory tactics, money power to litigate till
eternity. The Act nowhere intends that only litigating incumbents
C who are not accepting acquisition have to be 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.
[Para 83][117-E-G]
D
8. MODE OF TAKING PHYSICAL POSSESSION AS
CONTEMPLATED UNDER SECTION 24(2) OF ACT OF 2013
AND THE ACT OF 1894:
When the State is involved in taking possession of the
E 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 open land,
possession is deemed to be of owner. When the State acquired
the land and has drawn memorandum of taking possession that
in the way the State take possession of large chunk of property
F acquired as State is not going to put other persons in possession
or its police force or going to cultivate it or start residing or
physically occupy it after displacing who were physically in
possession as in the case of certain private persons, in case they
re-enter in possession of open land, start cultivation or residing
G in the house. Lawful possession is deemed to be of the State.
[Para 86][118-G-H; 119-A-B]
Balwant Narayan Bhagde v. M.D. Bhagwat & Ors
(1976) 1 SCC 700 : [1975] Suppl. SCR 250; Banda
Development Authority, Banda v. Moti Lal Agarwal &
H Ors. (2011) 5 SCC 394 : [2011] 7 SCR 435; State of
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 33
(DEAD) THROUGH LRS.

Tamil Nadu & Anr. v. Mahalakshmi Ammal & Ors. A
(1996) 7 SCC 269 : [1995] 5 Suppl. SCR 451;
Balmokand Khatri Educational and Industrial Trust v.
State of Punjab (1996) 4 SCC 212 : [1996] 2 SCR 643;
P. K. Kalburqi v. State of Karnataka & Ors. (2005) 12
SCC 489 : [2005] 1 SCR 545; Raghbir Singh Sehrawat
B
v. State of Haryana & Ors. (2012) 1 SCC 792 : [2011]
14 SCR 1113; Sita Ram Bhandar Society, New Delhi v.
Lieutenant Governor, Government of NCT, Delhi & Ors.
(2009) 10 SCC 501 : [2009] 14 SCR 507; Om Prakash
Verma & Ors. v. State of Andhra Pradesh & Ors. (2010)
13 SCC 158 : [2010] 15 SCR 302; M. Venkatesh & C
Ors. v. Commissioner, Bangalore Development Authority
etc. (2015) 17 SCC 1 – relied on.
Narmada Bachao Andolan v. State of Madhya Pradesh
& Anr. AIR 2011 SC 1989 : [2011] 6 SCR 443 –
distinguished. D
Velaxan Kumar v. Union of India & Ors. (2015) 4 SCC
325 – overruled.
9. WHETHER SECTION 24 OF THE ACT OF 2013
REVIVES STALE/BARRED CLAIMS?
E
9.1 Section 24 cannot be used to revive the dead or stale
claims and the matters, which have been contested up to this
Court or even in the High Court having lost the cases or where
reference has been sought for enhancement of the compensation.
Compensation obtained and still it is urged that physical
possession has not been taken from them, such claims cannot be F
entertained under the guise of section 24(2). Section 24 of the
Act of 2013 does not supersede or annul the court’s decision and
the provisions cannot be misused to reassert such claims once
over again. Once Panchnama has been drawn and by way of
drawing the Panchnama physical possession has been taken, the G
case cannot be reopened under the guise of section 24 of Act of
2013. [Para 98][133-D-E, G]
9.2 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
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34 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 been illegally deprived of their
possession for five years or more; in both the scenarios, fault/
cause not being attributable to the landowners/claimants. Stale
B
or dead claims cannot be the subject-matter of judicial probing
under section 24 of the Act of 2013. The provisions of section 24
do not invalidate those judgment/orders of the courts where under
rights / claims have been lost / negatived,
neither do they revive those rights which have come barred,
C either due to 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.
D
[Paras 99, 100][133-H; 134-A-D]
Mahavir & Ors. v. Union of India & Anr. 2018 (1)
SCALE 174; Tamil Nadu Housing Board, Chennai v.
M. Meiyappan & Ors. (2010) 14 SCC 309 : [2010] 12
SCR 1184; Jasveer Singh v. State of U.P. & Ors. (2017)
E 6 SCC 787; Dharappa v. Bijapur Co-operative Milk
Producers Societies Union Ltd. (2007) 9 SCC 109 :
[2007] 5 SCR 729; State of Karnataka v. Laxuman
(2005) 8 SCC 709 : [2005] 4 Suppl. SCR 535 – relied
on.
F 10. Whether conscious omission referred to in paragraph
11 of judgment in Shree Balaji Nagar Residential Association v.
State of Tamil Nadu 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
G determination of the applicability of section 24(2) of 2013 Act?
10.1 In Shree Balaji, this Court has opined that there is
conscious omission made by the legislature in section 24(2) of
Act, 2013 to exclude the period covered by the interim order of
the Court staying the acquisition proceedings. It was observed
H that in the Act of 1894 by making amendment of the provisions
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 35
(DEAD) THROUGH LRS.

contained in sections 6 and 11A by providing extension of period A
of limitation the period during which interim order of the court
has operated has been excluded. It has not been so provided in
Section 24(2). [Para 101][134-E-F]
Yogesh Neema & Ors. v. State of M.P. & Ors. [2016] 6
SCC 387 – referred to. B
10.2 EFFECT OF INTERIM ORDER OF A COURT: When
once the court has restrained the State authorities to take
possession, or to maintain status quo they cannot pay the amount
or do anything further, as such the consequences of interim orders
cannot be used against the State. It is basic principle that when a C
party is disabled to perform a duty and it is not possible for him
to perform a duty, is a good excuse. The doctrine “commodum
ex-injuria sua Nemo habere debet” means convenience cannot
accrue to a party from his own wrong. 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 D
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 law and
dilatory tactics. [Paras 104, 106][136-G-H; 137-A-B; 143-B-C]
Abhey Ram (Dead) by LRs. & Ors. v. Union of India & E
Ors. (1997) 5 SCC 421 : [1997] 3 SCR 931; Om
Parkash v. Union of India & Ors. (2010) 4 SCC 17 :
[2010] 2 SCR 447; Suresh Chand v. Gulam Chisti
(1990) 1 SCC 593 : [1990] 1 SCR 186; Atma Ram Mittal
v. Ishwar Singh Punia (1988) 4 SCC 284 : [1988] 2 F
Suppl. SCR 528; Shyam Sunder & Ors. v. Ram Kumar
& Anr. (2001) 8 SCC 24 : [2001] 1 Suppl. SCR 115;
Dau Dayal v. State of Uttar Pradesh AIR 1959 SC 433
: [1959] Suppl. SCR 639 – relied on.
10.3 CASUS OMISSUS: Merely because certain provisions
G
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,
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36 SUPREME COURT REPORTS [2018] 2 S.C.R.

A it was equivalent to section 6 of the Act of 1894, as such the
provision of exclusion has been made alike the previous
provision, so also in section 69. Section 24 as couched did not
contemplate providing cover to the litigation and its fruits to be
reaped. The absence of provision for excluding the period of stay/
injunction of a Court order does not at all affect the provision of
B
section 24(2) of the Act of 2013. It intended that authority should
not keep pending acquisition due to laxity on their part for five
years or more. It never intended to apply in case they were not
able to perform obligation due to court order or conduct of
landowners. [Para 109][144-C-F]
C Union of India v. Shiv Raj (2014) 6 SCC 564 : [ 2014]
8 SCR 751; Karnail Kaur & Ors. v. State of Punjab &
Ors. (2015) 3 SCC 206 : [2016] 5 SCR 227 – Not
correct law.
Padma Sundara Rao (Dead) & Ors. v. State of Tamil
D Nadu & Ors. (2002) 3 SCC 533 : [2002] 2 SCR 383 –
distinguished.
N. Narasimhaiah v. State of Karnataka (1996) 3 SCC
88 : [1996] 1 SCR 698; State of Karnataka v. D.C.
Nanjudaiah (1996) 10 SCC 619 : [1996] 5 Suppl. SCR
E 222; Rana Girders Ltd. v. Union of India (2013) 10
SCC 746 : [2013] 14 SCR 58; Union of India v. Sicom
Limited & Ors. (2009) 2 SCC 121: [2008] 17 SCR 120
– relied on.
10.4 It is well settled that the statutory provision would
prevail upon the common law principles. The statutory provisions,
F contained in section 24 of the Act of 2013, do not exclude the
principles of common law. The principles that can be excluded
are only those in respect to which, provision has been made in
the statute itself or the applicability is ousted by implication. The
observations in respect of the principle of interpretation that if
G 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. Thus, mere
fact that in some of the provisions there is a mention about period
of stay being excluded, cannot be taken to be conclusive that in
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 37
(DEAD) THROUGH LRS.

other provisions with respect to the effect of stay not to be A
considered or common law maxims have no applicability in the
context of Section 24(2) of the 2013 Act. The Common Law
principles, cannot be ousted, to do complete justice to parties
and to prevent miscarriage of justice, within purview of section
24 of the Act of 2013. [Paras 113-116][148-A, F-H; 149-A-B;
B
150-F]
Mary Angel v. State of Tamil Nadu (1999) 5 SCC 209 :
[1999] 3 SCR 594; Assistant A.C.E., Calcutta versus
National Tobacco Co. Ltd. of India Ltd (1972) 2 SCC
560 : [1973] 1 SCR 822 – relied on.
11. DOCTRINE OF IMPOSSIBILITY C
11.1 The maxims namely ‘nemo tenetur ad impossibilia’
regarding the impossibility of performance of an act may not be
strictly applicable, as acts, under section 31 or 24, were capable
of being performed but authorities were disabled to perform them
as no fault on their part. However, the effect of Court orders, or D
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 said aspect is relevant
and underlying principle of inability to perform has to be
considered in the backdrop of fact whether it was in the control E
or capacity of authority to perform actions which were possible
to be performed but when it was not possible to perform or were
incapacitated to perform. In such event person responsible for
interdicting cannot ask him to be put in advantageous position
for non-compliance of an act, which possibly would have been
performed, but for such action. [Para 125][156-A-C] F
Chander Kishore Jha v. Mahabir Prasad (1999) 8 SCC
266 : [1999] 2 Suppl. SCR 754; Mohd Gazi v. State of
Madhya Pradesh (2000) 4 SCC 342 : [2000] 2 SCR
871; Industrial Finance Corporation of India Ltd. v.
Cannanore Spinning and Weaving Mills Ltd. (2002) 5 G
SCC 54 : [2002] 2 SCR 1093; HUDA v. Babeswar
Kanhar (2005) 1 SCC 191 : [2004] 6 Suppl. SCR 282;
Re: Presidential Poll (1974) 2 SCC 33 : [1975] 1 SCR
504; Standard Chartered Bank v. Directorate of
Enforcement AIR 2005 (2) SC 2622 : [2005] 1 Suppl.
SCR 49 – relied on. H
38 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 11.2 The maxim “nullus commodum capere potest de injuria
sua propria” i.e. ‘No man can take advantage of his own wrong’.
A “tender” of the amount to be paid operates as a bar upon any
claim for damages and interest. Thus, when once “tender” of the
amount had been made, in any of the prescribed modes, which
met with refusal to accept it and/or by the conduct of indulging in
B
incessant litigation which, in some instances, 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.[Paras 125, 126, 127][156-D-
C H]
12. Whether the 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
D question with regard to taking of possession as contemplated in
section 24(2) of the 2013 Act?
12.1 No litigant can derive the benefit of pendency of a
case in a court of law. In case any interim order is passed during
the pendency of litigation it merges in the final order. In case,
E 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. In case litigation has been filed without any
basis and interim order is passed it would be giving illegal benefit
F or wrongful gain for filing untenable claim. The principle “Actus
Curia Neminem Gravabit” is essence of administration of law and
good sense. [Paras 129, 131(g)][157-F-G; 162-A]
Sarah Mathew v. Institute of Cardio Vascular Diseases
(2014) 2 SCC 62 : [2013] 12 SCR 674 – followed.
G
Mrutunjay Pan v. Narmada Bala Sasmal & Anr. AIR
1961 SC 1353 : [1962] SCR 290; GTC Industries Ltd.
v. Union of India (1998) 3 SCC 376; Jaipur Municipal
Corpn. v. C.L. Mishra (2005) 8 SCC 423; Ram Krishna
Verma v. State of U.P. (1992) 2 SCC 620 : [1992] 2
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 39
(DEAD) THROUGH LRS.

SCR 378; Grindlays Bank Ltd. v. Income Tax Officer, A
Calcutta (1980) 2 SCC 191; Mahadeo Savlaram Shelke
v. Pune Municipal Corporation (1995) 3 SCC 33 :
[1995] 1 SCR 543; Amarjeet Singh v. Devi Ratan &
Ors. (2010) 1 SCC 417 : [2009] 15 SCR 1010;
Karnataka Rare Earth & Anr. v. Senior Geologist,
B
Department of Mines & Geology & Anr. (2004) 2 SCC
783 : [2004] 1 SCR 965; A.R. Antulay v. R.S. Nayak
and Ors. AIR 1988 SC 1531 : [1988] 1 Suppl. SCR 1 –
relied on.
Suptd. of Taxes, Dhubri & Ors. v. Assam Jute Supply
Ltd & Ors. (1976) 1 SCC 766 : [1975] 0 Suppl. SCR C
365 – distinguished.
Neeraj Kumar Sainy & Ors. v. State of UP & Ors. (2017)
SCC Online SC 258 – referred to.
“Selection of Legal Maxims” by Herbert Broom – D
referred to.
12.2 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 possession has continued under the cover of the court’s
order or compensation could not be disbursed due to the courts E
order the provision contained in Section 24(2) cannot be invoked
in such a situation, as such a situation is not covered thereunder,
as holding otherwise would amount to giving a litigant premium
for his dilatory tactics in spite of there is no merit in his challenge
to acquisition. [Para 134][166-F-G]
F
Uma Devi v. State of Karnataka (2006) 6 SCC 1 : [2006]
3 Suppl. SCR 548 – relied on.
12.3 The common law principles are rules of equity, justice,
and sound logic. In the absence of there being prohibition in the
law, these principles would be attracted. The efficacy and binding
G
nature of such common law principles cannot be diminished or
whittled down in the absence of any express prohibition in law.
They are interpretation of section 24 of Act of 2013. In case
possession could not be taken, or compensation could not be
paid or deposited, due to cover of courts’ order or conduct of
H
40 SUPREME COURT REPORTS [2018] 2 S.C.R.

A land-owner, such cases provision of lapse cannot 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
B
differently. Operation of law and beneficial provisions of law in
the Act of 2013 are not meant to benefit litigants and to permit
them to reap the fruits of unworthy or frivolous litigation. Litigation
cannot be permitted to become lucrative industry for the unworthy
litigant; it cannot be permitted to be device providing for fruits
C in respect of a meritless lis. The maxims nullus commodum capere
potest de injuria sua propria and actus curiae neminem gravabit
etc. come into play while interpreting the provisions of section
24 including the principle of restitution. They are not excluded
from the purview of section 24 of the Act of 2013. [Paras 135,
137, 138][167-C, F-H; 168-A-B]
D
13. PRINCIPLE OF RESTITUTION: While construing
provisions of section 24(2) applicable in case of lis, the principle
of restitution which enjoins a duty upon the courts to do complete
justice to the party at the time of final decision is to be kept in
mind. Successful party at the end of the litigation has to be placed
E as far as possible at the same place unless it would have been
had the interim order not being passed. It is incumbent upon
court not to confer benefit upon an unscrupulous litigant, not to
confer undeserved gain, attempt to abuse legal provisions must
be thwarted, prolonging of litigation by money power, dilatory
F 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. [Paras
139, 141][168-C-D; 178-H; 179-A-B]
G South Eastern Coal Field Ltd. v. State of Madhya
Pradesh & Ors. (2003) 8 SCC 648 : [2003] 4 Suppl.
SCR 651; State of Gujarat v. Essar Oil Ltd. (2012) 3
SCC 522 : [2012] 2 SCR 1127; A. Shanmugam v. Ariya
Kshatriya Rajakula Vamsathu Madalaya Nandhavana
H Paripalanai Sangam (2012) 6 SCC 430 : [2012] 4 SCR
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 41
(DEAD) THROUGH LRS.

74; Indian Council for Enviro-Legal Action v. Union A
of India (2011) 8 SCC 161; Krishnaswamy S. Pd. & Anr
v. Union of India & Ors. (2006) 3 SCC 286 : [2006]
2 SCR 390 – relied on.
14. EFFECT OF REPEAL: The Act of 2013 has repealed
the Act of 1894. The repealing and saving is provided in section B
114 of the Act of 2013. The repeal of the Act of 1894 has been
made without prejudice or affect the general application of section
6 of the General Clauses Act, 1897. 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 affect any previous operation of any C
enactment so repealed or anything duly done or suffered
thereunder. Section 6(e) provides that it will not affect any
investigation, legal proceedings or remedy in respect of any such
right, privilege, obligation, liability, penalty, forfeiture or
punishment unless different intention appears, and any such D
investigation, legal proceeding or remedy may be instituted, or
continued or enforced, and any such penalty, forfeiture or
punishment may be imposed as if the repealing Act or Regulation
had not been passed. The provisions of section 6 clearly save
such proceedings and pending litigation has to be decided only
on the basis of 1894 Act except as provided specifically in Act of E
2013. [Paras 142, 143 and 144][179-C-E; 180-C-D]
Ivo Agnelo Santimano Fernandes v. State of Goa (2011)
11 SCC 506 : [2011] 2 SCR 1142; Prem Nath Kapur v.
National Fertilizers Corporation of India Ltd. (1996) 2
SCC 71 : [1995] 5 Suppl. SCR 790; Bharat Kumar v. F
State of Haryana & Anr. (2014) 6 SCC 586; Bimla Devi
& Ors. v. State of Haryana & Ors. (2014) 6 SCC 583
– distinguished.
Union of India & Ors. v. Shiv Raj & Ors. (2014) 6 SCC
564 : [2014] 8 SCR 751; Magnum Promoters Pvt. Ltd. G
v. Union of India & Ors. (2015) 3 SCC 327; Radiance
Fincap Pvt. Ltd. & Ors. v. Union of India & Ors. (2015)
8 SCC 544; Working Friends Cooperative House
Building Society Ltd. v. State of Punjab & Ors. (2016)
15 SCC 464; Delhi Development Authority v. Sukhbir
H
42 SUPREME COURT REPORTS [2018] 2 S.C.R.

A Singh & Ors. (2016) 16 SCC 258 : [2016] 5 SCR 227;
State of Haryana & Anr. v. Devander Sagar & Ors.
(2016) 14 SCC 746; Aligarh Development Authority v.
Megh Singh & Ors. (2016) 12 SCC 504; Sharma Agro
Industries v. State of Haryana & Ors. (2015) 3 SCC
341; Pawan Kumar Aggarwal v. State of Punjab & Ors.
B
(2016) 7 SCC 614 – referred to.
15. PRINCIPLE OF ‘PER INCURIAM’: The concept of
“per incuriam” signifies those decisions rendered in ignorance
or forgetfulness of some inconsistent statutory provisions, or of
some authority binding on the Court concerned. The decision in
C Pune Municipal Corporation case, 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, as
such provisions of section 24(2) of the Act of 2013 could not be
said to be applicable. It was not surviving acquisition then
D compliance of section 24(2) by taking possession or by payment
of compensation for five years or more did not arise as acquisition
had been quashed by the High Court in 2008. (2) It was not held
in Pune Municipal Corporation that High Court has illegally set
aside the acquisition. In case, High Court had set aside the
acquisition in an illegal manner then also maxim ‘actus curiae
E neminum gravabit’ would have come to the rescue to save
acquisition from 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
F 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 by various State Governments were not placed for
consideration before this court in Pune Municipal Corporation
G case. (5) Provisions of section 34 prevailing practice of deposit,
and binding decisions thereunder section 34 of the Act of 1894
were not placed for consideration of this court while deciding the
case. (6) The proviso to section 24(2) was not placed for
consideration which uses different expression ‘deposited’ than
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 43
(DEAD) THROUGH LRS.

‘paid’ in main section 24(2) which carry a different meaning. (7) A
What is the meaning of expression ‘paid’ as per various binding
decisions of this court when the obligation to pay is complete
were not placed for consideration. (8) The binding decisions of
the court as to the consequence of non-deposit were not placed
for consideration while deciding the case. (9) The maxim “nullus
B
commodum capere potest de injuria sua propria” i.e. no man can
take advantage of his own wrong of filing litigation and effect 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 C
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 said decision. (11)
The past practice for more than a century, of deposit in treasury,
as per rules/ orders and decisions were not placed for
D
consideration. It was not open to invalidate such deposits made
in treasury without consideration of the provisions, prevailing
practice, and decisions under the Act of 1894. The decisions
rendered on the basis of Pune Municipal Corporation case are
open to be reviewed in appropriate cases on the basis of this
decision. [Paras 146, 152][184-F; 189-F-G] E
Pune Municipal Corporation & Anr. v. Harakchand
Misirmal Solanki (2014) 3 SCC 183 – per incurium.
Shree Balaji Nagar Residential Association v. State of
Tamil Nadu (2015) 3 SCC 353 – overruled.
F
Mamleshwar Prasad v. Kanahaiya Lal (1975) 2 SCC
232 : [1975] 3 SCR 834; A.R. Anutulay v. R.S. Nayak
(1988) 2 SCC 602 : [1988] 1 Suppl. SCR 1; State of
Uttar Pradesh v. Synthetics and Chemicals Ltd. (1991)
4 SCC 139; Municipal Corporation of Delhi v. Gurnam
Kaur (1989) 1 SCC 101 : [1988] 2 Suppl. SCR 929; G
Sant Lal Gupta v. Modern Coop. Societies Ltd. (2010)
13 SCC 336 : [2010] 13 SCR 621; Union of India &
Ors. v. Shivraj & Ors. (2014) 6 SCC 564 : [2014] 8
SCR 751 – referred to.
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44 SUPREME COURT REPORTS [2018] 2 S.C.R.

A PER MOHAN M. SHANTANAGOUDAR, J: (partly
dissenting)
1. A statute is to be read as a whole. Where, to apply
words literally would defeat the obvious intention of the legislation
and produce a wholly unreasonable result, something must be
B fed to the provision so as to achieve the obvious intention and
produce rational construction. The 2013 Act use “tender”,
“payment”, and “deposit” at different places in the enactments.
Section 31(1) of the 1894 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
C in the next sub-section.” Clearly, tender and payment are two
different terms. However, “payment” has been treated similarly
to “deposit” within Section 24(2) itself, as well as in other
provisions. The word “deposit” in the account of beneficiaries
as contained in proviso to section 24(2) of the 2013 Act would
D mean deposit in the account of beneficiaries in the Treasury. The
proviso does not refer to the word “payment”, as is referred to
in the main provision, i.e., sub-section 2 of Section 24 of the 2013
Act. The proviso to sub-section 2 of Section 24 does not require
the State to pay the compensation in respect of minority holdings
for saving acquisition. It would be sufficient if the compensation
E is 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
F 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 24 along
with the proviso would make it clear that even if the compensation
in respect of minority of the land holdings is deposited in the
account of such minority beneficiaries, the acquisition does not
G lapse. At the most, every land-loser is entitled to the higher
compensation as per the provisions of the 2013 Act. 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
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 45
(DEAD) THROUGH LRS.

that no provision under the act can be rendered nugatory or A
otiose. [Paras 14, 15][204-B-G; 205-A-F]
Tata Cellular v. Union of India (1994) 6 SCC 651 :
[1994] 2 Suppl. SCR 122 – relied on.
Prem Nath Kapur v. National Fertilizers Corporation
of India Ltd. (1996) 2 SCC 71 : [1995] 5 Suppl. SCR B
790; Ivo Agnelo Santiamo Fernandes v. Government
of Goa (2011) 11 SCC 506 : [2011] 2 SCR 1142; Union
of India v. Shiv Raj (2014) 6 SCC 564 : [2014] 8 SCR
751; Karnail Kaur v. State of Punjab (2015) 3 SCC
206; Radiance Fincap (P) Ltd. v. Union of India (2015) C
8 SCC 544; Delhi Development Authority v. Sukhbir
Singh (2016) 16 SCC 258 : [2016] 5 SCR 227; The
Working Friends Cooperative House Building Society
Ltd. v. State of Punjab (2016) 15 SCC 464; Bharat
Kumar v. State of Haryana (2014) 6 SCC 586; Bimla
Devi &Ors. v. State of Haryana (2014) 6 SCC 583; D
Vijay Latka v. State of Haryana (2016) 12 SCC 487;
Maharana Partap Charitiable Trust v. State of Haryana
(CWP 6860 of 2007) – referred to.
2. Section 31 of the 1894 Act is akin to Section 77 of the
2013 Act. Of course, under Section 77 of the 2013 Act, the E
legislature has gone a step further and has mandated the Collector
to pay the compensation awarded by him to the persons interested
by depositing the amount in their bank accounts unless prevented
by some or more contingencies provided under sub-section 2.
Under Section 80 of the 2013 Act, which is akin to Section 34 of F
the 1894 Act, the Collector shall pay the amount awarded with
interest thereon at the rate of 9% or 15%, as the case may be, in
case the amount of such compensation is not paid or deposited
on or before taking possession of the land. Thus, it is clear that
Section 80 also recognises deposit of compensation as being
equivalent to payment of compensation. Even under Section 34 G
of the 1894 Act, the land loser will be entitled to compensation
with interest at the rate of 9% or 15%, as the case may be, in
case the compensation is not paid or deposited on or before taking
possession of the land. Thus, the word “deposit” is treated
synonymous with the word “payment”. However, Section 31 of H
46 SUPREME COURT REPORTS [2018] 2 S.C.R.

A the 1894 Act states that the Collector at the first instance shall
tender payment of compensation to the persons interested and
pay the compensation to such interested persons unless
prevented by some or more contingencies mentioned in sub-
section 2 of Section 31 of the 1894 Act. Three contingencies are
found in sub-section 2 of Section 31 wherein the Collector will
B
not pay the compensation to the 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
C 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-deposit or non-payment of
compensation will make State liable to pay interest as prescribed.
In other words, in case the Collector does not deposit the amount
D
of compensation in Court as contemplated under Section 31(2)
of the 1894 Act, at the most the persons interested may be entitled
to interest of 9% or 15% as the case may be. Such act of
Collector depositing the amount in the Treasury and such act of
Collector in not depositing the amount in Court as mandated in
E sub-section 2 of Section 31 may not result in extreme
consequence of lapsing of acquisition. [Paras 16, 17][205-F-H;
206-A-F]
3.1 Article 283(1) of the Constitution of India mandates that
matters pertaining to custody of the Consolidated Fund of India
F 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 India
mandates that similar matters of the States’ Consolidated funds
G etc. are to be regulated by law made by the State Legislatures.
States have framed rules pursuant to Article 283(2) of the
Constitution of India as to how the public moneys are to be
handled. Section 55 of the 1894 Act empowers the State to make
rules for guidance of officers. Pursuant to Article 283(2) of the
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 47
(DEAD) THROUGH LRS.

Constitution of India and Section 55 of the 1894 Act, various States, A
such as, Assam, Bihar, Orissa, Kerala, West Bengal, Delhi and
Punjab have framed rules to govern the mode of payment of
compensation. All of them provide for deposit into the Treasury
in case the landowners are not present to receive the
compensation, along with the notice to such landowners apprising
B
them of such deposits. It appears that the Court in the case of
Pune Municipal Corporation did not consider such rules passed
by the States that direct the deposit of unclaimed compensation
in the Treasury. [Para 18][206-G-H; 207-A-B]
3.2 The various State Rules make it clear that the payment
into the Treasury is nothing but a residuary mode of payment C
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, had led to a unique situation where the D
rules are seemingly not in conformity with the meaning given to
Section 24(2) of the 2013 Act and Section 31(2) of the 1894 Act
by this Court in Pune Municipal Corporation. While Pune
Municipal Corporation held that all unaccepted compensation
must necessarily be deposited in Court for the acquisition to
remain valid, the States have made rules for unaccepted E
compensation to be deposited in the Treasury as revenue
deposits. On a combined reading of the two statutes and the
State Rules, it is clear that a deposit in the Treasury is not made
illegal or impermissible. In fact, deposits in the Treasury are
allowed as a valid means of payment by these State Rules. The F
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. [Para 21][210-B-E]
3.3 It is merely a matter of procedure as to where the deposit
is made. Certain High Court Rules viz. Punjab & Haryana and G
Delhi, provide that a deposit in Court under Section 31 of the
1894 Act must be lodged into the Treasury as a Revenue or Civil
Court deposit. Rule 10 of the Uttar Pradesh Rules for the Payment
of Compensation for Land Taken Up Under the Land Acquisition
Act I of 1894 provides for the money paid in Court to be credited
H
48 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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.).
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
B
deposited in Court. Thus, the issue where the compensation is
deposited is a matter of procedure. 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(2) only had the effect of attracting
C interest payment as per Section 34 of the 1894 Act. [Paras 22-
24][210-H; 211-A-E]
Hissar Improvement Trust v. Rukmani Devi and Anr.
(1990) Suppl. 1 SCC 806 – relied on.
Damadilal v. Parashram AIR 1976 SC 2229 : (1976) 4
D SCC 855 : [1976] Suppl. SCR 645 – held inapplicable
Jogesh Chandra v. Yakub Ali 29 IC 111 (Cal) –
referred to.
4. “Payment” of compensation and “deposit” of
E compensation have been used to describe the instance where
the State gives landowners their compensation. Both signify an
obligation of the State. As per Section 31(1), compensation must
be paid 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
F collect compensation, the State has to deposit the 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 refusing to accept
G compensation. It may also be that such affected persons had
consented to receive compensation, but simply could not appear
or could not be traced for some reason or the other. There may
be thousands of such beneficiaries. In such a case, the Collector
cannot hand over compensation to each beneficiary in person,
but also cannot keep the money with him. He has to keep it in
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 49
(DEAD) THROUGH LRS.

the Treasury. In fact, the State Rules have been framed to give A
notice to the landowners that their compensation 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, the compensation deposited in Courts is often kept in
B
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. [Para 28][212-F-H; 213-A-B]
5. The objective of directing a deposit of compensation in
Court in the 1894 Act was to prevent unnecessary prolongation C
of the proceedings, and accumulation of the Collector’s liability
to pay interest under Section 34, when compensation is not paid
or deposited on or before taking possession. The landowners
cannot take advantage of their own act of refusing to receive
compensation, and contend that compensation has never been D
paid to them, when it has actually been deposited in the Treasury.
Once the State deposits the money in the Treasury, it has shown
its bona fide intention to go through with the acquisition and give
the beneficiaries their due compensation. In such a case, it can
hardly be punished with a lapse, except that it is liable to pay
interest as prescribed under the Act. Moreover, practical E
considerations make it clear that the Collector may not be able
to individually reach out to thousands of claimants and pay them
the compensation in person at the earliest. It is only reasonable
that the Collector be allowed to deposit the compensation in the
accounts of individual claimants in the Treasury, and to inform F
the claimants to get the same released. Thus, a deposit in the
accounts of individual landowners in the Treasury, and informing
them about such deposit for getting the same released in their
favour where they do not appear to accept compensation as under
the State Rules, does not result in the lapse of acquisition
proceedings. [Paras 29, 30][213-C-F, G] G

6.1 The judgment in Pune Municipal Corporation cannot be
said to have been through lack of care, or out of ignorance of
certain important factors. Per incuriam is a Latin term which
means “through lack of care” or through inadvertence (of a
H
50 SUPREME COURT REPORTS [2018] 2 S.C.R.

A judicial decision) wrongly decided, mainly because the judges were
ill-informed about the applicable law. The word “incuria” literally
means “carelessness”. A decision is rendered per incuriam if it
is made through some mistake, or under a misapprehension as
to a decision or a dictum of a judge, which is the result of a material
oversight. A decision, judgment or verdict can be rendered per
B
incuriam if given without considering any provision in a statute
which was not brought to the notice of the court or if it 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
C Court. A judgment that was decided per incuriam does not have
to be followed as precedent by a court. [Paras 31, 32][213-H;
214-A-D]
A.R. Antulay v. R.S. Nayak (1988) 2 SCC 602 : [1988]
1 Suppl. SCR 1; Siddharam Satlingappa Mhetre v. State
D of Maharashtra (2011) 1 SCC 694 : [2010] 15
SCR 201 – relied on
6.2 The judgment in Pune Municipal Corporation was not
rendered per incuriam, as the conclusion is reached by proceeding
in detail on the interpretation of relevant statutory provisions.
E However, the reasons assigned and conclusions arrived at by
the Court in the said judgment are not acceptable. It is no doubt
true that the Court in Pune Municipal Corporation 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
F are not adverted to in the case of Pune Municipal Corporation ,
the discussion as a whole, if looked into, would make it clear that
the Court while deciding the said judgment, discussed in detail
about the failure to deposit in the Court, so also, about the effect
of deposit in Treasury. Hence, merely because the Rules of certain
G States are not considered, the judgment in Pune Municipal
Corporation cannot be termed as per incuriam. In other words,
merely because the Rules are not referred to specifically in the
judgment, it cannot be said that there is non-consideration of the
effect of the Rules. In the case of Sukhbir Singh, the Court did
consider the effect of the Rules framed by Delhi, Punjab and
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 51
(DEAD) THROUGH LRS.

Haryana Governments. But the conclusion rendered in Sukhbir A
Singh was in conformity with the judgment in Pune Municipal
Corporation. The judgment in Pune Municipal Corporation is the
first judgment on the issue in question by a three-Judge Bench
of this Court. Hence, it cannot also be concluded that the decision
in Pune Municipal Corporation is not in consonance with the
B
relevant line of decisions rendered by this Court earlier. The
judgment in Pune Municipal Corporation cannot be said that the
said judgment is through want of care or inadvertence. Hence,
the proper course is to refer the matter to a larger Bench. [Paras
35-38][215-B-H]
Pune Municipal Corporation &Anr. v. Harakchand C
Misirimal Solanki &Anr. (2014) 3 SCC 183 : [2014] 1
SCR 783 – Needs reconsideration by larger bench.
Sant Lal Gupta v. Modern Cooperative Group Housing
Society Ltd. (2010) 13 SCC 336 : [2010] 13 SCR 621
– relied on D

Sree Balaji Nagar Residential Association v. State of
Tamil Nadu (2015) 3 SCC 353 : [2014] 7 SCR 799 –
overruled.
7.1 Stay orders by the Court constrain the State from E
continuing with the acquisition proceedings. It may also lead to
consequences of contempt. In such a situation, the legal position
on the exclusion or inclusion of the period of stay in Section 24(2)
of the 2013 Act cannot be readily inferred to be against the State
due to the omission of the Legislature. Sree Balaji has ruled that
casus omissus cannot be supplied to the provision in question. F
The decision in Sree Balaji has relied on Padma Sundara Rao.
However, the reason for not supplying casus omissus was different
in that case. In Padma Sundara Rao, 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, G
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. In the facts of Sree Balaji as well as
in the facts of the present case, however, there is nothing in the
language of Section 24(2) that would defeat the purpose of the
H
52 SUPREME COURT REPORTS [2018] 2 S.C.R.

A Section if the period of interim stays were excluded. [Paras 51,
52][225-F, G-H; 226-A-B]
Shri Kishan Das & Ors. v. State of U.P. & Ors. (1995) 6
SCC 240 – relied on.
7.2 Casus omissus means an omitted case. When a statute
B or an instrument of writing undertakes to foresee and to provide
for certain contingencies, and through mistake, or some other
cause, a case remains to be provided for, it is said to be a casus
omissus. There is no bar much less absolute bar on the Court’s
jurisdiction to supply casus omissus. If there is necessity, such
C omission can be inferred. The grammatical and ordinary sense of
the words in the statute must be adhered to unless it would lead
to absurdity, repugnance or inconsistency with the rest of the
instrument. The Constitution Bench in Padma Sundara Rao held
that casus omissus may be supplied when there is “clear necessity
and when reason for it is found in the four corners of the statute
D itself”. This means that while casus omissus must not be readily
inferred, “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 put on a particular provision makes a consistent
E 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
F of the said provision consistent with the rest of the Act, if need
be, by supplying meaning to such provision. In the present case,
there are many provisions in the 2013 Act which exclude periods
of interim stay, such as Section 19(7) and the Explanation to
Section 69(2) of that Act. It only makes the statute more
G consistent if Section 24(2) is read in light of other provisions
such as Section 19(7) and the Explanation to Section 69(2), which
make interim stay orders exceptions to calculating periods of
time under the Act. In this way, repugnancy and inconsistency
with the rest of the statute is avoided. There is a clear necessity
to read the exclusion of interim stay into Section 24(2) of the
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 53
(DEAD) THROUGH LRS.

2013 Act so as to make its meaning consistent with the rest of A
the enactment, where in similar situations the periods of stay are
excluded. [Paras 54-56][226-D-F; 228-A-F]
Padma Sundara Rao v. State of Tamil Nadu (2002) 3
SCC 533 : [2002] 2 SCR 383; Shiv Shakti Coop.
Housing Society, Nagpur v. Swaraj Developers and Ors. B
(2003) 6 SCC 659 : [2003] 3 SCR 762; Union of India
v. Dharamendra Textile Processors (2008) 13 SCC 369
: [2008] 14 SCR 13; Dr. Manjula Krippendorf v. State
(Govt. of NCT of Delhi) & Anr 2017 (8) SCALE 112;
Union of India v. Shiv Raj (2014) 6 SCC 564: [2014]
8 SCR 751; Magnum Promoters v. Union of India C
(2015) 3 SCC 327; CIT v. National Taj Traders (1980)
1 SCC 370 : [1980] 2 SCR 268 – referred to.
7.3 No litigant can derive any benefit from mere pendency
of the case in a Court of Law, as the interim order always merges
into the final order to be passed in the case and if the writ petition D
is ultimately dismissed, the interim order stands nullified
automatically. A party cannot be allowed to take benefit of its
own wrongs by getting an interim order and blame the Court.
Ultimately, if the writ petition is found to be devoid of any merit,
the same would be dismissed. In such a situation, the Court is E
under an obligation to undo the wrong done to a party by the act
of the Court. Any undeserved or unfair advantage gained by the
party invoking the jurisdiction of the 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.
It is the duty of the Court to ensure that dishonesty or any attempt F
to abuse the legal process must be effectively curbed and the
Court must ensure that there is no wrongful, unauthorised or
unjust gain for anyone by abusing of the process of the Court.
No one should be permitted to use the judicial process for earning
undeserved gains for unjust profits. The Courts’ constant G
endeavour should be to ensure that everyone gets just and fair
treatment. “Actus curiae neminemgravabit”, or the principle that
an act of Court cannot prejudice any of the parties, is a settled
principle of law. [Paras 57-58][228-G-H; 229-A-B]
Amarjeet Singh v. Devi Ratan (2010) 1 SCC 417 H
54 SUPREME COURT REPORTS [2018] 2 S.C.R.

A : [2009] 15 SCR 1010; A.R. Antulay v. R.S. Nayak and
Anr. (1988) 2 SCC 602 : [1988] 1 Suppl. SCR 1 –
relied on.
7.4 It is often the case in proceedings against land
acquisitions that the affected parties seek an interim stay of the
B 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
publication of notifications, making of the award, taking possession
of the acquired land, or paying and depositing of compensation.
If the State does not adhere to the stay order, it will be held up
C for contempt. In such a situation, it may take months and indeed
years before the matter attains finality, during which the State is
prevented from carrying out the acquisition proceedings. In a
given case, it may take five to ten years or more before the case
passes through the Single Judge of the High Court, the Division
D 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. The State is precluded from taking
possession for no fault of its own. Failing to supply casus omissus
will lead to a situation where the acquisition proceedings will lapse
E solely to the detriment of the State due to an act of the party to
the litigation and at the intervention of the Court, namely an order
of interim stay. Large amounts of public money will go to waste in
keeping the proceedings pending. While the Act is admittedly a
beneficial legislation, it cannot be that the landowners cause a
F validly initiated acquisition to lapse by f iling cases and
continuously delaying acquisition or legal proceedings. Justice
must be done to all parties to litigation. It will not serve the
purpose of the enactment if the State is stopped from completing
the acquisition for no mistake of its own, while certain
opportunistic litigants seek to frustrate the State’s attempts at
G legally acquiring the land. 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
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 55
(DEAD) THROUGH LRS.

purposes of calculation of the time period under Section 24(2) of A
the 2013 Act. It follows then that the absence of a specific
amendment by the Legislature to Section 24(2) does not make a
substantial difference to the legal position on excluding the period
of interim stay for the purposes of calculating five years under
Section 24(2) of the 2013 Act. In other words, the period of five
B
years must necessarily exclude such period of stay orders. [Paras
59-62][229-A-C; 230-A-E]
Case Law Reference
PER ARUN MISHRA, J. (For himself and for
Adarsh Kumar Goel, J.) C
(2014) 3 SCC 183 per incurium Para 1
(2015) 3 SCC 353 overruled Para 2
[1962] Suppl. SCR 618 relied on Para 34
AIR 1965 SC 1503 relied on Para 34
D
(1971) 1 SCC 337 relied on Para 37
[1964] SCR 579 relied on Para 38
[1953] SCR 533 relied on Para 41(b)
[2008] 14 SCR 419 relied on Para 41(b)
E
[1990] 1 Suppl. SCR 590 relied on Para 41(b)
[1982] 1 SCR 55 relied on Para 41(b)
[1998] 2 SCR 56 relied on Para 41(b)
[2010] 11 SCR 112 relied on Para 41(b)
[2004] 2 Suppl. SCR 723 relied on Para 41(b) F
[1990] 1 SCR 483 relied on Para 41(b)
[2007] 8 SCR 136 relied on Para 41(b)
[1959] Suppl. SCR 489 relied on Para 41(b)
[1982] SCR 365 relied on Para 41(b) G
[2001] 2 Suppl. SCR 60 relied on Para 41(b)
[1954] SCR 913 relied on Para 44
[1996] 9 Suppl. SCR 707 relied on Para 44
[2002] 1 SCR 83 relied on Para 44 H
56 SUPREME COURT REPORTS [2018] 2 S.C.R.

A [2002] 5 Suppl. SCR 387 relied on Para 44
(1987) 1 SCC 606 relied on Para 45
[2002] 2 SCR 369 relied on Para 49 (b)
[1955] SCR 842 referred to Para 51 (b)
B [1989] 1 SCR 570 referred to Para 51 (b)
[2003] 1 SCR 1159 referred to Para 51 (c)
(1993) Suppl. 2 SCC 493 referred to Para 51 (c)
[2003] 2 SCR 1 referred to Para 51 (c)
C
[2010] 3 SCR 847 referred to Para 51 (c)
[2002] 2 SCR 945 referred to Para 51 (c)
[1999] 2 SCR 1111 referred to Para 51 (c)
[2001] 2 SCR 36 referred to Para 51 (c)
D
AIR 1964 SC 1687 referred to Para 51 (c)
[2016] 5 SCR 227 partly dissenting Para 59
(1969) 3 SCC 392 relied on Para 69
[1980] 3 SCR 179 relied on Para 70
E
[1998] 3 SCR 1088 relied on Para 70
[1955] SCR 1140 relied on Para 70
[2010] 13 SCR 311 relied on Para 70

F [2011] 15 SCR 540 relied on Para 70
[2012] 7 SCR 909 relied on Para 70
[2016] 5 SCR 227 relied on Para 71
AIR 1990 SC 2033 relied on Para 72
G [1995] 3 Suppl. SCR 584 relied on Para 73
[1996] 1 SCR 1058 relied on Para 74
[1997] 3 SCR 1096 relied on Para 75
2018 (1) SCALE 174 relied on Para 77
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 57
(DEAD) THROUGH LRS.

AIR 1936 PC 253 (2) relied on Para 78 A
[1995] 5 Suppl. SCR 448 relied on Para 81 (a)
[1996] 7 Suppl. SCR 6 relied on Para 81 (b)
[1995] 4 Suppl. SCR 787 relied on Para 81 (c)
[1996] 2 SCR 638 relied on Para 81 (c) B
[1957] SCR 1 relied on Para 81 (d)
[1996] 1 Suppl. SCR 799 relied on Para 81 (c)
[2011] 5 SCR 460 relied on Para 81 (f)
C
[1975] Suppl. SCR 250 relied on Para 87 (a)
[2010] 12 SCR 1184 relied on Para 87 (b)
[2011] 7 SCR 435 relied on Para 87 (c)
[1995] 5 Suppl. SCR 451 relied on Para 87 (d)
D
[1996] 2 SCR 643 relied on Para 87 (e)
[2005] 1 SCR 545 relied on Para 87 (f)
[2011] 14 SCR 1113 relied on Para 87 (g)
[2009] 14 SCR 507 relied on Para 87 (h)
E
[2010] 15 SCR 302 relied on Para 87 (i)
(2015) 17 SCC 1 relied on Para 87 (j)
[2011] 6 SCR 443 distinguished Para 87 (m)
(2015) 4 SCC 325 overruled Para 89 F
(2017) 6 SCC 787 relied on Para 94
[2007] 5 SCR 729 relied on Para 95
[2005] 4 Suppl. SCR 535 relied on Para 96
[2014] 8 SCR 751 not correct law Para 102 G
[1997] 3 SCR 931 relied on Para 105
[2010] 2 SCR 447 relied on Para 105 (b)
[1990] 1 SCR 186 relied on Para 105 (d)
H
58 SUPREME COURT REPORTS [2018] 2 S.C.R.

A [1988] 2 Suppl. SCR 528 relied on Para 105 (d)
[2001] 1 Suppl. SCR 115 relied on Para 105 (e)
[1959] Suppl. SCR 639 relied on Para 105 (f)
[2002] 2 SCR 383 distinguished Para 111
B [1996] 1 SCR 698 relied on Para 111
[1996] 5 Suppl. SCR 222 relied on Para 111
[2013] 14 SCR 58 relied on Para 113
[2008] 17 SCR 120 relied on Para 113
C
[1999] 3 SCR 594 relied on Para 115
[1973] 1 SCR 822 relied on Para 116
[1999] 2 Suppl. SCR 754 relied on Para 118
[2000] 2 SCR 871 relied on Para 119
D
[2002] 2 SCR 1093 relied on Para 121
[2004] 6 Suppl. SCR 282 relied on Para 122
[1975] 1 SCR 504 relied on Para 123
[2005] 1 Suppl. SCR 49 relied on Para 124
E
(1998) 3 SCC 376 relied on Para 131 (a)
(2005) 8 SCC 423 relied on Para 131 (b)
[1992] 2 SCR 378 relied on Para 131 (c)

F (1980) 2 SCC 191 relied on Para 131 (c)
[1995] 1 SCR 543 relied on Para 131 (d)
[2009] 15 SCR 1010 relied on Para 131 (e)
[2004] 1 SCR 965 relied on Para 131 (f)
G [1988] 1 Suppl. SCR 1 relied on Para 131 (g)
[2013] 12 SCR 674 followed Para 131 (h)
[1975] Suppl. SCR 365 distinguished Para 132
[2006] 3 Suppl. SCR 548 relied on Para 134
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 59
(DEAD) THROUGH LRS.

[2003] 4 Suppl. SCR 651 relied on Para 140 (a) A
[2012] 2 SCR 1127 relied on Para 140 (b)
[2012] 4 SCR 74 relied on Para 140 (c)
(2011) 8 SCC 161 relied on Para 140 (c)
[2006] 2 SCR 390 relied on Para 140 (d) B
[2011] 2 SCR 1142 distinguished Para 144 (a)
[1995] 5 Suppl. SCR 790 distinguished Para 144 (a)
(2014) 6 SCC 586 distinguished Para 145 (d)
C
(2014) 6 SCC 583 distinguished Para 145 (e)
(2015) 3 SCC 327 referred to Para 145 (f)
(2015) 8 SCC 544 referred to Para 145 (h)
(2016) 15 SCC 464 referred to Para 145 (i)
D
(2016) 14 SCC 746 relied on Para 145 (k)
(2016) 12 SCC 504 referred to Para 145 (l)
(2015) 3 SCC 341 referred to Para 145 (m)
(2016) 7 SCC 614 referred to Para 147 (a)
E
[1975] 3 SCR 834 referred to Para 147 (b)
[1988] 1 Suppl. SCR 1 referred to Para 147 (b)
(1991) 4 SCC 139 referred to Para 147 (c)
[1988] 2 Suppl. SCR 929 referred to Para 147 (d) F
[2010] 13 SCR 621 referred to Para 148

PER MOHAN M. SHANTANAGOUDAR, J.:
[2014] 7 SCR 799 overruled Para 1 G
[2014] 1 SCR 783 needs reconsideration Para 2
by larger bench
[1995] 5 Suppl. SCR 790 referred to Para 7
[2011] 2 SCR 1142 referred to Para 7
H
60 SUPREME COURT REPORTS [2018] 2 S.C.R.

A [2014] 8 SCR 751 referred to Para 7
(2015) 3 SCC 206 referred to Para 7
(2015) 8 SCC 544 referred to Para 7
[2016] 5 SCR 227 referred to Para 8
B (2016) 15 SCC 464 referred to Para 9
(2014) 6 SCC 586 referred to Para 10
(2014) 6 SCC 583 referred to Para 11
(2016) 12 SCC 487 referred to Para 11
C
[1994] 2 Suppl. SCR 122 relied on Para 13
[1990] Supp. 1 SCC 806 relied on Para 25
[1976] Suppl. SCR 645 held inapplicable Para 27
[1988] 1 Suppl. SCR 1 relied on Para 33
D
[2010] 15 SCR 201 relied on Para 34
[2010] 13 SCR 621 relied on Para 38
[2002] 2 SCR 383 referred to Para 46
[2003] 3 SCR 762 referred to Para 46
E
[2008] 14 SCR 13 referred to Para 46
2017 (8) SCALE 112 referred to Para 46
[2014] 8 SCR 751 referred to Para 47

F (2015) 3 SCC 327 referred to Para 47
(1995) 6 SCC 240 relied on Para 50
[1980] 2 SCR 268 referred to Para 55
[2009] 15 SCR 1010 relied on Para 57
G [1988] 1 Suppl. SCR 1 relied on Para 58
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 20982
of 2017.
From the Judgment and Order dated 03.11.2014 of the High Court
of Madhya Pradesh, Bench at Indore, in Writ Appeal No. 166 of 2007.
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 61
(DEAD) THROUGH LRS.

WITH A
Special Leave Petition (C) No. 10742 of 2008.
Special Leave Petition (C) Nos. 20920, 26574-26575 and 28993
of 2011.
Special Leave Petition (C) Nos. 30198, 30192, 30142, 30128, B
30203, 25289, 22356, 31678, 22527, 30577-30580, 27389, 27383 and 34787
of 2015.
Civil Appeal Nos. 4835 and 4836 of 2015.
Special Leave Petition (C)………………CC No. 9842 of 2016.
C
Special Leave Petition (C)..Diary No. 24901 of 2017.
Special Leave Petition (C) Nos. 4705, 38290, 9571, 15127, 15144,
15131, 15139, 16425, 15117, 15140, 15113, 16438, 15119, 15126, 15125,
15118, 15124, 15112, 11824, 15143, 15141, 15142, 17324, 38368, 23846,
23097, 19804-19805, 22127-22128 and 21997-21998 of 2016.
D
Special Leave Petition (C) Nos. 10190-10200, 15213-15217 and
5182-5184 of 2017.
W.P. (C) No.602 of 2017.
B. K. Satija, Anil Grover, Ajay Bansal, Birendra Kumar Chaudhary,
Amit Kumar, Hemant Gupta, Anish Kumar Gupta, AAGs, Ms. Indu E
Malhotra, P. S. Patwalia, Amrendra Sharan, Narender Hooda, Sr. Advs.,
Tanvir Nayar, Ms. Rakhi Mohanty, Prashant Singh, Sandeep Chhabra,
Vikas Mehta, Gaurav Yadav, Sanjay Kr. Visen, Ms. Natasha Dalmia,
Ms. Harshika Verma, Dhruv Sheoran, Mrs. Meenakshi
Arora, Ms. Monisha Handa, Ankit Jain, Mohit D. Ram, Vishnu B. Saharya, F
Viresh B. Saharya, M/s Saharya & Co., Mrs. Veena Bansal, Dheeraj
Gupta, Ranbir Yadav, Anzu K. Varkey, Abishek Yadav, S.Wasim A. Qadri,
Jubair Ahmad Khan, Zaid Ali, Tamim Qadri, Mudasir Nabi, Saeed Qadri,
L. R. Singh, Ashwani Kumar, Ravinder Naina, Naveen Kumar, Piyush
Hans, Anish Kumar Gupta, Vishwa Pal Singh, Puneet Jain, Ms. Christi
Jain, Pankaj Sharma, Abhinav Gupta, Ms. Ankita Gupta, Ms. Priyal Jain, G
Ms. Pratibha Jain, Ms. Binu Tamta, Dhruv Tamta, Amit Kumar, Vijay
Pratap Yadav, Dr. Monika Gusain, Ranbir Yadav, Ms. Anzu K. Varkey,
Abhishek Yadav, Ms. Manpreet Kaur Bhalla, Ms. Payal Gupta, Sudhanshu
S. Chaudhari, Ms. Surabhi Guleria, Ms. Jaikriti S. Jadeja, Ms. Garima
H
62 SUPREME COURT REPORTS [2018] 2 S.C.R.

A Parashad, Kuldip Singh, Siddharth Singla, Lakshmi Raman Singh, Sanjay
Kapur, Baldev Atreya, Deepak Goel, Kamal Kumar Pandey, Prashant
Tyagi, D. P. Mohanty, Abhiram Naik, Sarthak Gaur, M/s Parekh & Co.,
Deepak Thukral, Piyush Hans, Ms. Monisha Handa, Ankit Jain, Ankit
Swarup, Dushyant Tiwari, Chandra Shekhar Suman, R. K. Rajwanshi,
Avdhesh Kumar Singh, Ms. Deepshikha Bharati, Ms. Rita Gupta, Samar
B
Vijay Singh, Ankur Mittal, Abhinash Jain, Satish Kumar, Ms. Noopur
Singhal, Mishra Saurabh, Ankit Kr. Lal, Dr. Hans Raj Yadav, Shailendra
Kr. Yadav, Brij Bhushan, Ms. Rashmi Chopra, Ms. Asiya, Siddharth
Mittal, Nayan Nepal, D. K. Sharma, Ms. Monika Sharma, Rohit Vats,
Rajesh Saharan, Braj Kishore Mishra, Ms. Aparna Jha, Dr. M. S. Verma,
C N. N. Jha, Kailash Mudgal, Mrs. Santosh Singh, Rakesh Kumar, Kedar
Nath Tripathy, Vishal Chauhan, Ms. Rachana Srivastava, Sukrit R.
Kapoor, Nitya Madhusoodhanan, Sandeep Narain, Ms.Anjali Agarwal,
Rajesh Bhardwaj, M/s S.Narain & Co., Saurabh Mishra, Onkar Singh,
Jitendra Vashisth, Puneet Sharma, Pankaj Sharma, Puneet Jain, Ms.
Priyal Jain, Ms. Sujaina Srivastava, Ram S. Sharma, Toshar Mathur,
D
Jagjit Singh Chhabra, Saksham Maheshwari, Vikas Mehta, Rajat Sehgal,
Ms. Anushree Menon, Mithun Rao, Adith Nair, Gopal Sankarnarayan,
Ms. Devika Mohan, Ms. Parul Shukla, E. C. Agrawala, Harsha Peechara,
Ashish Tiwari, Arjun Krishnan, Rakesh Kumar, K. N. Tripathi, Dushyant
Parashar, Arun Sharma, Amit Andlay, Ms. Tatini Basu, Aditya Soni, Mrs.
E Mayank Datta, Shree Pal Singh, Atul Kumar, Ms. Sweety Singh, Ms.
Archana Kumari, Rahul Pandey, Sumit Bansal, Ms. Richa Oberoi,
Prateek Kohli, Gagan Gupta, Ankit Swarup, Ms. Anu Gupta, Kamal
Mohan Gupta, Atul Kumar, Siddharth Mittal, Punit Dutt Tyagi, Subhasish
Bhowmick, Pradeep Misra, Rao Ranjit, Sibo Sankar Mishra, B. Krishna
Prasad, Braj Kishore Mishra, Bankey Bihari, Nishant Ramakantrao
F
Katneshwarkar, Ms.Anubha Agrawal, Rabin Majumder, Advs. for the
appearing parties.
The following Judgments and Order of the Court were delivered
by
G 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
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 63
(DEAD) THR. LRS. [ARUN MISHRA, J.]

Resettlement Act, 2013 (for short, ‘the Act of 2013’) and section 31 of A
the Land Acquisition Act, 1894 (for short, ‘the Act of 1894’).
2. In Yogesh Neema & Ors. v. State of M.P. & Ors. [S.L.P. [C]
No.10742 of 2008] vide order of 12.1.2016, observing that other question,
that may arise undoubtedly to be considered question Nos. IV and V
have been referred. B
Following questions arises for consideration:
I. What is the meaning of the expression ‘paid’/ ‘tender’ in Section
24 of the Act of 2013 and section 31 of the Act of 1894?
Whether non-deposit of compensation in court under section
31(2) of the Act of 1894 results into a lapse of acquisition C
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 D
wrong/conduct?
II. Mode of taking physical possession as contemplated under
section 24(2) of the Act of 1894.
III.Whether section 24 of Act of 2013 revives barred and stale
claims? E
IV. Whether the conscious omission referred to in paragraph 11
of the judgment in Shree Balaji Nagar Residential
Association v. State of 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 F
order of the Court for the purpose of determination of the
applicability of Section 24(2) of the 2013 Act?
V.Whether the 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 G
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?

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64 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 31(1) of Act of 1894 when deposit under section 31(2) of
Act of 1894 is necessary, effect of refusal to accept compensation and
B whether deposit in treasury is permissible and effect of non-deposit of
compensation in Court.
4. In order to appreciate the various questions to be answered, it
is appropriate to first consider the provisions contained in the Act of
1894 with respect to the passing of the award, together with its
C communication and payment; the following then is a ‘bird’s eye view’ of
the 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
D
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 award has been made under section 11.
E It is open to the Collector to take possession of the land, which shall,
thereupon, vest absolutely in the Government. Section 16 is extracted
hereunder:
“16. Power to take possession – When the Collector has made an
award under section 11, he may take possession of the land, which
F shall thereupon vest absolutely in the Government, free from all
encumbrances. (emphasis supplied)
6. Section 17 deals with special powers in cases of urgency. The
same authorizes the Collector to take possession before passing of the
award as provided in section 17(1) of the Act of 1894, and on taking
G 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,
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(DEAD) THR. LRS. [ARUN MISHRA, J.]

though no such award has been made, may, on the expiration of A
fifteen days from the publication of the notice mentioned in section
9, subsection 1). [take possession of any land needed for a public
purpose]. Such land shall thereupon [vest absolutely in the
[Government], free from all encumbrances.
(2) Whenever owing to any sudden change in the channel of any B
navigable river or other unforeseen emergency, it becomes
necessary for any Railway Administration to acquire the immediate
possession of any land for the maintenance of their traffic or for
the purpose of making thereon a river-side or ghat station, or of
providing convenient connection with or accesses to any such
station, [or the appropriate Government considers it necessary to C
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 D
Government], enter upon and take possession of such land, which
shall thereupon [vest absolutely in the [Government]] free from
all encumbrances : Provided that the Collector shall not take
possession of any building or part of a building under this sub-
section without giving to the occupier thereof at least forty-eight
hours notice of his intention so to do, or such longer notice as may E
be reasonably sufficient to enable such occupier to remove his
movable property from such building without unnecessary
inconvenience.
(3) In every case under either of the preceding sub-sections the
Collector shall at that time of taking possession offer to the persons F
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 G
for in awarding compensation for the land under the provisions
herein contained.
3[(3A) Before taking possession of any land under sub-section
(1) or sub-section (2), the Collector shall, without prejudice to the
provisions of sub-section (3)- (a) tender payment of eighty per H
66 SUPREME COURT REPORTS [2018] 2 S.C.R.

A centum of the compensation for such land as estimated by him to
the person interested entitled thereto, and (b) pay it to them, unless
prevented by some one or more of the contingencies mentioned
in section 31, sub-section (2), and where the Collector is so
prevented, the provisions of section 31, sub-section (2), (except
the second proviso thereto), shall apply as they apply to the payment
B
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
C Collector under section 11, the excess may, unless refunded within
three months from the date of Collector’s award, be recovered
as an arrear of land revenue]. [(4) In the case of any land to
which, in the opinion of the [appropriate Government], the provisions
of sub-section (1) or sub-section (2) are applicable, the [appropriate
D Government] may direct that the provisions of section 5A shall
not apply, and, if it does so direct, a declaration may be made
under section 6 in respect of the land at any time [after the date
of the publication of the notification] under section 4, sub-section
(1).” (emphasis supplied)
E 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
F 17(3A) and section 17(3B), the amount paid or deposited under sub-
section (3A) shall be taken into account for determining the amount of
compensation to be tendered under section 31. Section 18 of the Act of
1894 provides that any person interested, who has not accepted the
award, may ask for a reference to be made to the court with respect to
G (1) measurement of the land; (2) the amount of compensation (3) the
persons to whom it is payable or (4) the apportionment of the
compensation among the persons interested. Under section 30, there
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
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is payable. In a reference under section 30, measurement of land and A
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 yet another reference under the Act of 1894, i.e. under
section 28A. The provisions of section 28A aim at removal of the disparity B
in the matter of payment of compensation which provides for re-
determination of the amount of compensation, on the basis of the award
of the court, in respect of a person who had not sought reference, and
had accepted the Collector’s award; such a person can seek re-
determination of compensation within three months from the date of the
award of the court. In case a person is not satisfied with the re- C
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: D

“31. Payment of compensation or deposit of same in Court. - (1)
On making an award under section 11, the Collector shall tender
payment of the compensation awarded by him to the persons
interested entitled thereto according to the award and shall pay it
to them unless prevented by some one or more of the E
contingencies mentioned in the next sub-section.
(2) If they shall not consent to receive it, or if there be no person
competent to alienate the land, or if there be any dispute as to the
title to receive the compensation or as to the apportionment of it,
the Collector shall deposit the amount of the compensation in the F
Court to which a reference under section 18 would be submitted:
Provided that any person admitted to be interested may receive
such payment under protest as to the sufficiency of the amount:
Provided also that no person who has received the amount
otherwise than under protest shall be entitled to make any G
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.

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68 SUPREME COURT REPORTS [2018] 2 S.C.R.

A (3) Notwithstanding anything in this section the Collector may,
with the sanction of the [appropriate Government] instead of
awarding a money compensation in respect of any land, make
any arrangement with a person having a limited interest in such
land, either by the grant of other lands in exchange, the remission
of land-revenue on other lands held under the same title, or in
B
such other way as may be equitable having regard to the interests
of the parties concerned.
(4) Nothing in the last foregoing sub-section shall be 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
C 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
D and he refuses to accept the compensation it has to be deposited in the
treasury. An attempt has to be made to harmonize the Act and the rules.
The expression used in section 31(2) is that on refusal amount to be
deposited in Court where reference would be submitted. When no
reference is sought there is no question of it being submitted to the Court.
E Hence, Reference Court does not come into picture then the deposit is
to be obviously made in treasury as provided in Rules/ Order discussed
hereinafter.
10. Sub-section (1) of section 31 deals with “payment”, whereas,
sub-section (2) of section 31 deals with “deposit” of the amount of
F 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 with deposit in the Court “where reference would be submitted”,
G only in the contingencies mentioned, i.e. (1) if the person interested shall
not consent to receive it, and has sought reference to Court or (2) if
there be no person competent to alienate the land, or (3) if there be any
dispute as to the entitlement to receive the compensation, or (4) if there
be any dispute as to the apportionment of compensation between the
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interested persons. The Collector is required to deposit the amount of A
the 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
B
payment of compensation under protest as to the sufficiency of the
amount, and such person is also entitled to maintain a reference. The
third proviso to section 31(2) makes it clear that any person who has
received the whole or any part of compensation awarded under the Act,
shall still be liable to pay the same to a person who is lawfully entitled
thereto. It is with the purpose as provided in section 31 when the amount C
is tendered it can be accepted under protest and still a reference can be
maintained. In case awarded amount has been accepted without protest,
reference cannot be maintained under section 18.
11. In case of incompetency of a person to alienate the land in
question, amount has to be deposited in the reference court under section D
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 as the court shall think fit and E
has to be dealt with in accordance with the provisions contained in section
32. Section 33 deals with an investment of money deposited in other
cases.
12. In case money is deposited in court otherwise than as provided
under section 32, any party interested can apply to the court for investing F
the same in Government or other approved securities, is the purpose of
deposit. The provisions of sections 32 and 33 of the Act of 1894 are
extracted hereunder:
“32. Investment of money deposited in respect of lands belonging
to persons incompetent to alienate. - G
(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-
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70 SUPREME COURT REPORTS [2018] 2 S.C.R.

A (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 money shall have been
deposited was held, or
(b) if such purchase cannot be effected forthwith, then in such
B Government of other approved securities as the Court shall
think fit;
and shall direct the payment of the interest or other proceeds
arising from such investment to the person or persons who
would, for the time being, have been entitled to the possession
C of the said land, and 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.
D
(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
E
of the orders for the payment of the interest or other proceeds
of the securities upon which such moneys are for the time
being invested, and for the payment out of Court of the principal
of such moneys, and of all proceedings relating thereto, except
such as may be occasioned by litigation between adverse
F claimants.
33. Investment of money deposited in other cases - When any
money shall have been deposited in Court under this Act for any
cause other than mentioned in the last proceeding section, the
court may, on the application of any party interested or claiming
G an interest in such money, order the same to be invested in such
Government or other approved securities as it may think proper,
and paid in such manner as it may consider will give the parties
interested therein the same benefit the reform as they might have
had from the land in respect whereof such money shall have been
deposited or as near thereto as may be.”
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(DEAD) THR. LRS. [ARUN MISHRA, J.]

13. The provisions contained in section 34 deals with the exigencies A
where the amount of compensation is not paid or deposited on or before
taking possession of the land. The Collector shall pay the amount awarded
with interest thereon @ 9% from the time of so taking possession until it
shall have been so paid or deposited; and if such compensation or any
part thereof is not paid or deposited within one year from the date on
B
which possession is taken, interest @ 15% per annum shall follow. Section
34 of 1894 Act is extracted hereunder:
“34. Payment of interest - When the amount of such compensation
is not paid or deposited on or before taking possession of the land,
the Collector shall pay the amount awarded with interest thereon
at the rate of (nine per centum) per annum from the time of so C
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 D
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.”
14. The expression “paid”/”tender” and the expression “deposited”
have both been used separately in section 31, as well as in section 34, of E
the Act of 1894; so also in Section 24(2) of the Act of 2013. They carry
different meanings, and different consequences flow from them.
Significantly, it is clear under Section 16 of the Act of 1894, that once
award has been passed and possession has been taken, land absolutely
vests in the State, and in the case of contingencies as provided in section F
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 31(2), it G
has to be deposited in the court and in case it is not so deposited,
consequences, as prescribed under section 34, shall follow i.e. from the
date of taking possession 9% interest for the first year and after 1 year,
15% interest has to be paid on the amount not so paid or deposited.
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72 SUPREME COURT REPORTS [2018] 2 S.C.R.

A Under the provisions of the Act of 1894, there is no divesting of the land
which has vested absolutely in the State; and, the consequences of non-
payment, or of non-tendering of compensation, or of non-depositing 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.
B
24.9.1984, vide Amendment Act No.68/1984.
15. When we consider the provisions of the Act of 2013, vis-à-
vis those of the Act of 1894, it becomes apparent that Section 11 of the
Act of 2013 is akin to section 4 of the Act of 1894. Section 19 deals
with publication of declaration and summary of Rehabilitation and
C Settlement, it is equivalent to section 6 of the Act of 1894. Section 23
deals with matters to be considered while determining compensation by
the Collector.
16. Section 24 of the Act of 2013 deals with land acquisition process
initiated under the Act of 1894, which shall be deemed to have lapsed in
D certain cases. With respect to acquisition, when award, under the Act of
1894, has not been passed, then, as per Section 24(1)(a) of the Act of
2013, all the provisions of the Act of 2013 relating to the determination
of compensation shall apply; where, however, an award under section
11 of the act of 1894 has been made, then such proceedings shall
E 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 therein,
F have the overriding effect, i.e. in case of award, under Act of 1894, has
been made five years or more prior to the commencement of the Act of
2013, but either the physical possession has not been taken, or
compensation has not been paid, the said proceedings shall be deemed
to have lapsed. The proviso to section 24(2) lays down when the award
has been made and compensation in respect of majority of holdings has
G not been deposited in the account of the beneficiaries, the acquisition
would 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
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(DEAD) THR. LRS. [ARUN MISHRA, J.]

section 77 are almost akin to those of section 31. The provisions of A
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 Collector shall
tender payment of the compensation awarded by him to the
persons interested entitled thereto according to the award and B
shall pay it to them by depositing the amount in their bank accounts
unless prevented by someone or more of the contingencies
mentioned in sub-section (2).
(2) If the person entitled to compensation shall not consent to
receive it, or if there be no person competent to alienate the land, C
or if there be any dispute as to the title to receive the compensation
or as to the apportionment of it, the Collector shall deposit the
amount of the compensation in the Authority to which a reference
under section 64 would be submitted:
Provided that any person admitted to be interested may receive D
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 shall affect E
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.”
19. Section 80 of the Act of 2013, is equivalent to section 34 of
the Act of 1894, the same is extracted hereunder: F
“80. Payment of interest. –When the amount of such compensation
is not paid or deposited on or before taking possession of the land,
the Collector shall pay the amount awarded with interest thereon
at the rate of nine percent. per annum from the time of so taking
possession until it shall have been so paid or deposited: G
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
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74 SUPREME COURT REPORTS [2018] 2 S.C.R.

A period of one year on the amount of compensation or part thereof
which has not been paid or deposited before the date of such
expiry.”
20. It is apparent, from the provisions contained in section 77 of
the Act of 2013, that, the expression used in section 77 that the Collector
B shall “tender” payment of the compensation to landowners/interested
persons, and the obligation is to pay it to them by depositing the amount
in their bank accounts unless prevented by exigencies provided in section
77(2), are akin to section 31(2) of the Act of 1894.
21. In proviso to section 24(2), expression used is compensation
C has not 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”
D would mean deposited only in Treasury or with the Land Acquisition
collector for payment.
22. It is pertinent to mention that section 80 of the Act of 2013
also imposes a liability of interest, akin to Section 34 of the Act of 1894,
upon amount not being deposited; i.e. 9% for the first year and, thereafter,
E 15% per annum. The Act of 2013 does not envisage the consequence of
lapse of the acquisition on non-deposit of compensation in court, and
neither was it so provided for in section 31 of the Act of 1894. The
provision of section 24 thus does not contemplate deposit of amount in
Court. In our opinion, the expression “paid” and “deposited” are separately
F 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:-
G
“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 of
land acquisition proceedings initiated under the Land Acquisition
Act, 1894,—
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(a) where no award under section 11 of the said Land A
Acquisition Act has been made, then, all provisions of this Act
relating to the determination of compensation shall apply; or
(b) where an award under said section 11 has been made, then
such proceedings shall continue under the provisions of the
said Land Acquisition Act, as if the said Act has not been B
repealed.
(2) 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 C
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 with the provisions of this Act:
D
Provided that where an award has been made and compensation
in respect of a majority of land holdings has not been deposited in
the account of the beneficiaries, then, all beneficiaries specified
in the notification for acquisition under section 4 of the said Land
Acquisition Act, shall be entitled to compensation in accordance
with the provisions of this Act.” E

24. When we consider the provisions of section 24 of the 2013
Act, it is clear that in case of the award has not been passed then as per
section 24(1)(a), compensation has to be determined under the Act of
2013. It is also clear that section 24(1)(b) provides that where an award
under section 11 of the 1894 Act has been made, then such proceedings F
shall continue under the provisions of the said Act of 1894 as if it has not
been repealed. However, in case physical possession of the land has not
been taken, or the compensation has not been paid, the proceedings
shall be deemed to have lapsed; and, in case of compensation with respect
to a majority of landholdings has not been deposited in the account of the G
beneficiaries, then, all beneficiaries i.e. landowners shall be entitled to
compensation in accordance with the provisions of the Act of 2013.
25. In section 24(2), the expression that has been employed is
“compensation has not been paid”. The expression “deposited”, which
occurs in the proviso to sub-section (2), has not been used in the main
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76 SUPREME COURT REPORTS [2018] 2 S.C.R.

A section 24(2). Its proviso 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
B
of land holdings, in the account of the beneficiaries, is that the acquisition
would not lapse, and only compensation under the new Act would be
payable. Whereas, under the main part of section 24(2), it is apparent
that, the expression “compensation has not been paid” has been used.
The word “deposited” is missing from main part of section 24(2), and it
C is only used in the proviso. Thus it is crystal clear that the Legislature
has used two different expressions to carry, respectively different
meanings; and, the proviso operates in a different field, where 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
D
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.
E 27. The different expression “paid”, used in section 24(2) of the
2013 Act, thus, cannot carry same meaning and include in it the deposit
to be made in Court under section 31(2) of the Act of 1894; it only
reflects the mode of payment as envisaged under section 31(1) of the
Act of 1894 i.e. “tender”.

F 28. The expression used in section 31 of Act of 1894 and Section
77(1) of Act of 2013 is to “tender payment”. Once there is tender, then
in case of refusal to accept the same,the obligation to pay under section
31(1) is complete by tender, and that tantamount to making the payment;
and, that is precisely what is intended by the word “paid” in section
24(2) of 2013 Act.
G
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
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 77
(DEAD) THR. LRS. [ARUN MISHRA, J.]

be deposited in court where reference would be submitted otherwise it A
is to be deposited in the treasury.If the expression “deposited”, used in
the proviso to section 24(2), and expression “paid” used in main section
24(2), are both taken as contained in expression “paid” i.e. the tender;
and, on refusal it is deposited in court to make the “payment” complete;
if expression “deposited” is included in expression ‘payment’ under
B
Section 24(2), inconsistency and repugnancy would be caused as between
the proviso and the main sub-section; which has to be eschewed. The
Court cannot add the word “deposited” to the expression “paid”/ “tender”
in Section 31 of Act 1894 or Section 24(2) of Act of 2013.
30. The proviso to section 24(2) of the 2013 Act deals with ‘deposit’
of compensation in treasury or with Land Acquisition Collector with C
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 considered, the
concept of ‘paid’ in the main section 24(2) is different than the deposit.
If the deposit is included in word paid the proviso to section 24(2), which D
has the different consequence of no lapse, but only higher compensation
would be otiose and become redundant and repugnancy would occur.
31. It is clear that expression ‘paid’ in section 24 is different than
‘deposit’ which is provided in its proviso. The word ‘deposit’ is included
in section 24 in word ‘paid’. Same is the position even under section E
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 F
‘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 when a person
has tendered the amount and made it unconditionally available and the
landowner has refused to receive it, the person who has tendered the G
amount cannot be saddled with the liability, which is to be visited for
non-payment of the amount. “Tender” has been defined in Black’s Law
Dictionary thus:
“tender, n. (16c) 1. A valid and sufficient offer of performance;
specific, an unconditional offer of money or performance to satisfy
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78 SUPREME COURT REPORTS [2018] 2 S.C.R.

A a debt or obligation a tender of delivery.The 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.”
B 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 another especially
an offer of money in discharge of liability fulfills the terms of the law and
of the liability. Tender is to offer of money in satisfaction of a debt, by
C producing and showing the amount to a creditor or party claiming and
expressing verbally, willingness to pay it. The expression “tender” has
been used in section 31.The concept of deposited in court is different
from tender and “paid”.
33. This Court in the Straw Board Manufacturing Co. Ltd.,
D Saharanpur v. Gobind, AIR 1962 SC 1500 has held in the context of
section 33 of the Industrial Disputes Act where payment of one month’s
wages was necessary. It was held that the payment of one-month wages
can always mean that the employer has tendered his wages and that
would amount to payment for otherwise a workman could always make
E the section unworkable by refusing to take wages. The Court observed
thus:
“8. Let us now turn to the words of the proviso in the background
of what we have said above. The proviso lays down that no
workman shall be discharged or dismissed unless he has been
F paid wages for one month and an application has been made by
the employer to the authority before which the proceeding is
pending for approval of the action taken by the employer. It will
be clear that two kinds of punishment are subject to the conditions
of the proviso, namely, discharge or dismissal. Any other kind of
punishment is not within the proviso. Further, the proviso lays down
G two conditions, namely (i) payment 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
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 79
(DEAD) THR. LRS. [ARUN MISHRA, J.]

is required to do in order to carry out that condition is to tender the A
wages to the employee. But if the employee chooses not to accept
the wages, he cannot come forward and say that there has been
no payment of wages to him by the employer. Therefore, though
s. 33 speaks of payment of one month’s wages it can only mean
that the employer has tendered the wages and that would amount,
B
for payment, for otherwise, a workman could always make the
section unworkable by refusing to take the wages. So far as the
second condition about the making of the application is concerned.”
(emphasis supplied)
34. In The Management of Delhi Transport Undertaking v.
The Industrial Tribunal, Delhi &Anr. AIR 1965 SC 1503, a 3-Judge C
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 D
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 definitely made before the
order of dismissal became effective and the wages would certainly
have been paid if Hari Chand had asked for them. There was no E
failure to comply with the provision in this respect.”
35. This Court in Indian Oxygen Ltd. v. Narayan Bhoumik (1968)
1 PLJR 94 has discussed the concept of ‘paid’ and has observed:
“4. The proviso to Section 33(2)(b) lays down that no workman
shall be discharged or dismissed unless he has been paid wages F
for one month and an application has been made by the employer
to the authority before which the proceeding is pending for approval
of the action taken by 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 G
month’s wages. In (1962) 3 Suppl. S.C.R. 618] Strawboard
Manufacturing Co. v. Gobind this Court while construing this
proviso, observed that when it lays down the condition as to
payment of one month’s wages all that the employer is required
to do to carry out that condition is to tender the wages to the
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80 SUPREME COURT REPORTS [2018] 2 S.C.R.

A employee. But if the employee chooses not to accept them, he
cannot come forward and say that there has been no payment of
wages to him by the employer, Therefore, though Section 33 speaks
of payment of one month’s wages, it can only mean that the
employer has tendered the wages and that would amount to
payment, for otherwise, a workman could always make the section
B
unworkable by refusing to take the wages. In (1964) 2 SCR 104,
109 P.H. Kalyani v. M/s. Air France, the employer had offered
one month’s wages to the workman before the order of dismissal
against him came into force. The offer was held to be sufficient
compliance of the said condition laid down in the proviso, [(1955)
C 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 that the employer could not be said not
to have complied with the condition laid down by the proviso. It is
thus clear that the condition as to payment in the proviso does not
D
mean that the wages have to be actually paid but if wages are
tendered or offered, such a tender or offer would be sufficient
compliance for the purposes of Section 33(2)(b) proviso.”
36. The word “paid” means applied, settled or satisfied. The
concept of paid has also been considered by this Court in The Benares
E 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
F discharges its liability and makes the amount of dividend unconditionally
available to the member entitled thereto. The Court has observed:
“5. …..This Court observed in J. Dalmia v. Commissioner of
Income-tax, Delhi 53 ITR 83 that the expression “paid” in Section
16(2) does not contemplate actual receipt of the dividend by the
G member : in general, dividend may be said to be paid within the
meaning of Section 16(2) when the Company discharges its liability
and makes the amount of dividend unconditionally available to the
member entitled thereto…….” (emphasis supplied)
37. In N.B. Sanjana, Assistant Collector of Central Excise,
H Bombay & Ors. v. The Elphinstone Spinning & Weaving Mills Co.
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 81
(DEAD) THR. LRS. [ARUN MISHRA, J.]

Ltd. (1971) 1 SCC 337, the court observed that literal meaning of the A
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) B
when the company discharges its liability and makes amount
unconditionally available the members entitled thereto.
“The expression “paid” in s. 16(2) it is true does not contemplate
actual receipt of the dividend by the member. In general, dividend
may be said to be paid within the meaning of s. 16(2) when the C
company discharges its liability and makes the amount of dividend
unconditionally available to the member entitled thereto.
(emphasis supplied)
39. The expression “paid” would mean in section 31(1) of Act
1894 and section 24(2) of Act of 2013 as soon as it is offered and made D
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 E
deposited in Court. There may be refusal to receive an amount in spite
of its tender. Thus, in view of the decisions of this court in CIT Kerala
(supra), N.B. Sanjana (supra) and J. Dalmia (supra), the provisions of
section 24(2) have to be construed to mean tender of amount would
mean payment as envisaged.
F
40. It is settled that a Court cannot add or subtract a word; the
expression “compensation has not been paid” is used in section 24(2); it
is not open to the court to add to these words, or to substitute the said
expression with any further expression, such as ‘deposit’. In the
“Principles of Statutory Interpretation” by G.P. Singh (14th edition), it
has been observed that court has to avoid addition or substitution of the G
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 to the landowner.
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82 SUPREME COURT REPORTS [2018] 2 S.C.R.

A The deposit is only in certain exigencies with a view to wiping off the
liability of making payment of interest as provided in section 34.
41(a). While interpreting a statutory provision, no addition to, or
subtraction from, the Act is permissible. It is not open to Court to either
add or subtract, a word. The legal maxim “A Verbis Legis Non Est
B Recedendum” means: from the words of law, there must be no
departure. The learned author in Interpretation of Statutes has referred
to the 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:
C “…….(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
D unless it is absolutely necessary to do so.” Similarly, it is wrong
and dangerous to proceed by substituting some other words for
words of the statute. Speaking briefly the court cannot reframe
the legislation for the very good reason that it has no power to
legislate.

E x xxxx
While interpreting section 621-A(1) of the Companies Act, 1956,
the Supreme Court held that the Court must avoid rejection or
addition of words and resort to that only in exceptional
circumstances to achieve the purpose of the Act or to give a
F 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
G offences without the permission of the Court. Since the Legislature,
in its wisdom, has not put the rider of prior permission in the section,
addition of the words ‘with the prior permission of the court’ to
the provision is not permissible.

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Section 2(2) of the Arbitration and Conciliation Act, 1996, which A
is in Part I of the Act, provides that ‘This Part shall apply where
the place of arbitration is in India. In Bharat Aluminium Company
v. Kaiser Aluminium Technical Services Inc., a Constitution
Bench of the Supreme Court rejected the contention that Part I
of the Act was also applicable to arbitrations seated in foreign
B
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 C
a statutory provision. In this case, the Constitution Bench
prospectively overruled the decision of a three-Judge Bench of
the Supreme Court in Bhatia International v. Bulk Trading SA,
which had held that provisions of Part I would apply to international
commercial arbitrations held outside India unless the parties, by
D
agreement, express or implied, exclude all or any of its provisions.
x xxxx
And, in construing section 14(f) of the U.P. Town Areas Act,
1914, which reads ‘A tax on persons assessed according to their
circumstances and property not exceeding such rate and subject E
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”.
F
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
of spessuccessionis. VENKATARAMA AIYER, J. quoted with
approval the observations of LORD LOREBURN, L.C., “We
are not entitled to read words into an Act of Parliament unless G
clear reason for it is to be found within the four corners of the Act
itself”.
x xxxx

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84 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 0n the same principle the House of Lords refused to read the
word ‘satisfied’ in section 4 of the Matrimonial Causes Act, 1950
to mean ‘satisfied beyond reasonable doubt’.
X xxxx
Sections 12(5) and 15(5) of the Right to Information Act, 2005,
B while 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
C 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 the words
that such persons must have a basic degree in their respective
fields.’”

D (emphasis supplied)
41(b). This Court in Nali Nalinakhya Bysack v. Shyamsunder
Halder, AIR 1953 SC 148 at 152, State of Madhya Pradesh v. G.S.
Dall and Flour Mills, AIR 1991 SC 772, State of Gujarat and Others
v. Dilipbhai Nathjibhai Patel and Another (1998) 3 SCC 234,
E Competition Commission of India v. Steel Authority of India Ltd.
(2010) 10 SCC 744, Assessing Authority cum-Excise and Taxation
Officer v. East India 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
F Medhi v. State of Bombay AIR 1959 SC 459, S.P. Gupta v. President
of India AIR 1982 SC 149, Dadi Jagannadham v. Jammulu Ramulu
(2001) 7 SCC 71, P.K. Unni v. Nirmala Industries AIR 1990 SC 933,
Crawford v. Spooner (1846) 6 Moore PC 1, Royal Trust Company v.
Minister of Finance AIR 1921 PC 184, Padma Sundara Rao (dead)
G & Ors. v. State of T. N. & Ors. (2002) 3 SCC 533 has observed that
what legislation wanted has been stated in the provision. The court
cannot give extended meaning to the expression. It is not open to the
Court to aid defective phrasing of the Act or to make up for the
deficiencies. It is not open to the Court to recast, rewrite, or reframe
the provision. The court cannot assume omission and add or amend
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 85
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words. Plain and unambiguous construction has to be given without A
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
B
produces an intelligible result it is not open to read words or add words
to statute. Making any generous addition to the language of the Act
would not be a construction of the statutory provision; rather, would be
an amendment thereof. While interpreting the provision the Court only
interprets the law. The intention of the legislation must be found by the
words used by the legislature itself. The legislative casus omissus cannot C
be supplied by judicial interpretative process. When language of the
provision is clear, there is no scope for reading something into it. The
scenario that thus emerges 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
D
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 cannot
read words into it to the effectthat deposit of payment in the court is E
payment to the landowners. It is clear that unless it is absolutely necessary
to do so, it is not open to read the word “deposited” in court as part of
‘paid’ when payment is contemplated to the landowners. The
consequence of nondeposit is culled out in proviso to section 24(2). It is
not that section 31(2) would become meaningless. Hence, deposit cannot F
and need not be added to expressions paid/ tender. In 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 G
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 in a discernibly distinctive
sense than the sense conveyed by the word “deposited” occurring in the
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86 SUPREME COURT REPORTS [2018] 2 S.C.R.

A proviso — both are required to be given different meanings. There is
casus omissus, i.e. conscious omission made by the Legislature in main
Section 24(2) when the expression “deposited” has not been used in the
expression “has been paid”, and it is only after amount tendered is
declined, it is to be deposited in Court that too in certain exigencies as
per section 31(2).
B
43. The word “paid”, in view of the different consequences of
paid and deposited, has to be given different meaning from “deposited”.
Otherwise, if it were the case that ‘deposit’ is included in the ‘payment’,
then there would have been no necessity of using two different
expressions, in different provisions, carrying different consequences.
C Deposit made in the court cannot be said to be payment made to the
landowner i.e. persons interested/beneficiaries. Thus, in case of deposit
is directly made in the court without tender, it could not be said that it
was tendered or paid. ‘Deposit in court’ simply is the discharge of
Collector’s liability of making payment of interest as envisaged under
D section 34 of the 1894 Act, and no more; deposit in Court is not tender to
landowner. Once the amount has been tendered and not accepted,
obligation to pay is discharged, as envisaged under section 31(1); no
penal consequences can follow and, the person who has refused to accept
cannot be permitted to take an advantage of his own wrong, or in case
his conduct is of filing litigations, delaying the passing of the award or
E 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
F adopted. The construction to be adopted should be such, as would make
the statute as a whole, a consistent enactment. Such a construction
would have the merit of avoiding any inconsistency or repugnancy, either
within a given section or as between a particular section on the one hand
and other parts of the statute on the other. It is the duty of the courts to
G avoid “a head-on clash”, as held in Raj Krushna v. Binod Kanungo,
AIR 1954 SC 202, at 203; Sultana Begum v. Premchand Jain, AIR
1997 SC 1006, at page 1109; Kailash Chandra v. Mukundi Lal, (2002)
2 SCC 67; and, CIT v. Hindustan Bulk Carriers, (2003) 3 SCC 57, at
p.74.

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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 87
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45. When we apply the rule of harmonious construction to the A
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
B
contained in section 24 (2) as a whole; and, that is what has to be avoided.
As discussed, the provisions would be irreconcilable, and an anomalous
result would be occasioned.
46. This Court, in Balasinor Nagrik Cooperative Bank Limited
vs. Babubhai Shankerlal Pandya, (1987) 1 SCC 606, held that a section
is to be interpreted by reading all its parts altogether, and it is not C
permissible to omit any part thereof. Thus, in the instant case, proviso to
Section 24(2) cannot be ignored while interpreting the main subsection.
47. 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 D
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. Thus, in discharging its E
interpretative function, to exercise the power to correct obvious drafting
errors that can be done only in suitable cases where there is error of
drafting. Before adding the word or omitting a word the court has to
consider 3 matters : (1) the intended purpose of the statute or the provision
in question, (2) that by inadvertence the draftsman and Parliament failed F
to give effect to that purpose in the provision in question, and (3)
substance of the provision Parliament would have made, although not
necessarily the precise words Parliament would have used, had the error
in the Bill been noticed. As observed in Inco Europe Ltd. v. First Choice
Distribution (a firm) by the House of Lords in (2000) 2 All ER 109 at
115. There is no accidental omission as to the concept of payment in G
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”.

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88 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 49(a). Rule of literal construction lays down that words of a statute
are first understood in their natural, ordinary or popular sense and phrases,
and sentences are construed according to their grammatical meaning.
The learned author G.P. Singh, in “Principles of Statutory Interpretation”
(14th edition), at Page 91 onwards, has observed:
B “……..Natural and grammatical meaning. The words of a statute
are first understood in their natural, ordinary or popular sense and
phrases and sentences are construed according to their
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
C 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.C., if
D the language used “has a natural meaning we cannot depart from
that meaning unless reading the statute as a whole, the context
directs us to do so. In an oft-quoted passage, LORD
WENSLEYDALE stated the rule thus: “In construing wills and
indeed statutes and all written instruments, the grammatical and
ordinary sense of the word is adhered to, unless that would lead
E to some absurdity, or some repugnance or inconsistency with the
rest of the instrument in which case the grammatical 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
F 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 VISCOUNT SIMON, L.C., said: “The golden rule is
that the words of a statute must prima facie be given their ordinary
G meaning”. Natural and ordinary meaning of words should not be
departed from “unless it can be shown that the legal context in
which the words are used requires a different meaning”. Such a
meaning cannot be departed from by the judges “in the light of
their own views as to policy” although they can “adopt a purposive
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 89
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interpretation if they can find in the statute read as a whole or in A
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
B
said in an Act of Parliament. The drafting of statutes, so important
to a people who hope to live under the rule of law, will never be
satisfactory unless courts seek whenever possible to apply ‘the
golden rule’ of construction, that is to read the statutory language,
grammatically and terminologically, in the ordinary and primary
sense which it bears in its context, without omission or addition. C
Of course, Parliament is to be credited with good sense; so that
when such an approach produces injustice, absurdity, contradiction
or stultification of statutory objective the language may be modified
sufficiently to avoid such disadvantage, though no further”. The
rules stated above have been quoted with approval by the Supreme
D
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 E
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
with such intention as is conveyed by the words employed so long
as this does not result in absurdity or anomaly or unless material F
— intrinsic or external — is available to permit a departure from
the rule.” (emphasis supplied)
50. Thus, in the instant case, when we give the plain, natural and
grammatical meaning to the word ‘paid’/ ‘tender’, which has been used
in contradistinction to the words “deposited in court”, it is clear that G
tendering payment would not include deposit in court, in that it is 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
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90 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 the same statute, there is a presumption that they are
not used in the same sense.
B In construing the words ‘distinct matters’ occurring in section 5
of the Stamp Act, 1899, and in concluding that these words have
not the same meaning as the words ‘two or more of the descriptions
in Schedule I’ occurring in section 6, VENKATARAMA AIYAR,
J., observed: “When two words of different import are used in
C a statute in two consecutive provisions, it would be difficult
to maintain that they are used in the same sense.” 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
D 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 v. Strand Union Guardians,
(1891) 2 QB 156, p. 167 (CA); Member, Board of Revenue v.
E Arthur Paul Benthall, AIR 1956 SC 35, p. 38: 1955 (2) SCR 842;
CIT v. East West Import & Export (P.) Ltd., Jaipur, AIR 1989 SC
836, p.838 : (1989) 1 SCC 760; B.R. Enterprises v. State of U.P.,
AIR 1999 SC 1867, p.1902 : (1999) 9 SCC 700 (‘trade and business’
in Article 298 have different meaning from ‘trade and commerce’
F in Article 301); ShriIshal Alloy Steels Ltd. v. JayaswalasNeco
Ltd., JT 2001 (3) SC 114, p. 119 : (2001) 3 SCC 609 : AIR 2001
SC 1161 (The words ‘a bank’ and ‘the bank’ in section 138 N.I.
Act, 1881 do not have the same meaning); The Oriental Insurance
Co. Ltd. v. Hansrajbhai v. Kodala, AIR 2001 SC 1832, p. 1842 :
(2001) 5 SCC 175; KailashNathAgarwal v. PradeshiyaIndust and
G Inv. Corp. of U.P., 2003 AIR SCW 1358, p. 1365 : (2003) 4 SCC
305, p. 313. (The words ‘proceeding’ and ‘suit’ used in the same
section construed differently); But in Paramjeet Singh Pathak v.
ICDS Ltd, (2006) 13 SCC 322 : AIR 2007 SC 168 different view
was taken therefore in Zenith Steel Tubes v. Sicom Ltd, (2008) 1
H SCC 533 : AIR 2008 SC 451 case referred to a larger Bench;
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 91
(DEAD) THR. LRS. [ARUN MISHRA, J.]

D.L.F. Qutab Enclave Complex Educational Charitable Trust v. A
State of Haryana, 2003 AIR SCW 1046, p. 1057: AIR 2003 SC
1648: (2003) 5 SCC 622 (The expressions ‘at his own cost’ and
‘at its cost’, used in one section given different meanings)”
(emphasis supplied)
51(b). The author has referred to the decisions in Brighton Parish B
Guardians 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 C
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 emphasised upon
the feature that in the same Explanation reference to time has
been expressed differently and if the legislative intention was not
to distinguish and while stating “in the course of such previous D
year” it was intended the convey the idea of the last day of the
previous year, there would have been no necessity of expressing
the position differently. There is abundant authority to support the
stand of the counsel for the Revenue that when the situation has
been differently expressed the legislature must be taken to have E
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. F
(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
Industries Ltd. v. Collector of Customs, Bombay, (2002) 4 SCC 297,
B.R. Enterprises v. State of U.P., AIR 1999 SC 1867, ShriIshar Alloy G
Steels Ltd. v. Jayaswals Neco Ltd., (2001) 3 SCC 609, Labour
Commissioner, Madhya Pradesh vs. Burhanpur Tapti Mills and Ors.
AIR 1964 SC 1687 this Court has observed that as a general rule when
two different words are used by statute prima facie one has to construe
different words as carrying different meanings. Rule of ‘purposive
H
92 SUPREME COURT REPORTS [2018] 2 S.C.R.

A constructions’ would be resorted 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.
B 51(d) The aforesaid principles of statutory construction, different
words to be given different meaning as also the binding precedents of
this Court, indicate that the expression ‘deposited’ cannot be added to
‘tender’ / ‘paid’, both carry different consequences under section 24,
tender on lapse of acquisition/non-deposit higher interest under section
34 of the Act of 1894.
C
51(e). It is a settled proposition of law that when two different
expressions have been used in section 24(2) of the Act of 2013, as well
as in section 31 of the Act of 1894, i.e. “paid to the landowners” and
“deposited in the court”, they both carry different meanings, and have to
be interpreted as used in the respective contexts. It is not the expression
D 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
E 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 of 2013, brooks no lethargy on the
part of authorities, the expression “possession of the land has not been
taken” indicates a failure on the part of authorities to take for five years
F or more.
53. When we consider the intendment of the beneficial provisions
of the Act of 2013, it addresses the concern of farmers and of those
whose livelihood is dependent upon the land being acquired, while at the
same time facilitating land acquisition for myriad reasons, including
G urbanization, rural electrification 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.

H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 93
(DEAD) THR. LRS. [ARUN MISHRA, J.]

EFFECT OF RULES FRAMED UNDER SECTION 55 OF 1894 A
ACT AND ORDERS ISSUED BY STATE GOVERNMENTS
54. There are various State rules framed under section 55 of the
Act of 1894 by various State Governments as well as there are instructions
issued with respect to dealing with Government money as provided in
Article 283 of the Constitution of India, and when it is the Government B
money it has to be dealt with in accordance with the instructions issued
by the State Government from time to time. There are other Financial
Codes/Rules/orders issued time to time by various State Governments
with respect to dealing with Government money. The Land Acquisition
(Bihar and Orissa) Rules were framed under the Act of 1894 and Rule
10 thereof provided thus : C

“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 D
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 E
amounts due to be paid into the Treasury as Revenue deposits
payable to the persons to whom they are respectively due and
vouched for in the accompanying form (marked E). The officer
shall also give notice to the payees of such deposits, the Treasury
in which the deposits specifying have been made. When the
payees ultimately claim payment of sums placed in deposit, the F
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 G
to a minimum. Whenever payment is claimed through a
representative whether before or after deposit of the amount
awarded, such representative, must show legal authority for
receiving the compensation on behalf of his principal.”
(emphasis supplied) H
94 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 55. The Karnataka Land Acquisition Rules 1965 were also framed
under section 55 of the Land Acquisition Act, 1894. Similarly in the State
of Kerala Rule 14(2) of the Land Acquisition (Kerala) Rules, 1990 were
framed under section 55 of the Act of 1894 provided that the payment
relating to an award shall be made or the amount credited to the court or
Revenue deposit (Treasury) within one month from the date of award.
B
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
C making 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 or approved by Government
from time to time. He shall also give notice to the payee of such deposits,
D specifying the Treasury in which the deposits have been made. When
no reference is sought for amount has to be deposited in treasury only.
Rule 9 of Assam Rules is extracted hereunder:
“9. In giving notice of the award under section 12(2) and tendering
payment under section 31(1), to such of the persons interested as
E 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
F 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 WW as revenue deposits
payable to the persons to whom they are respectively due, and
vouched for in the form prescribed or approved by Government
G from time to time. He shall also give notice to the payees of such
deposits, specifying the Treasury in which the deposits have been
made. When the payees ultimately claim payment of sums placed
in deposit, the amount 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
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 95
(DEAD) THR. LRS. [ARUN MISHRA, J.]

the land pertains in order that the number of undisbursed sum to A
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) B
57. Identical is the rule for Bihar and Orissa. Similar instructions
have been issued by the other State Government so as to deal with
public money. They have the force of law. The duty of the court is to
harmonize rules with provision of Act. In State of West Bengal also
similar rules had been framed under section 55 of the Act of 1894. C
58. Standing Order No.28 issued in 1909 the State of Punjab is
applicable to Delhi also, provides 5 modes of payment in Para 74 and 75
based on Government of India’s orders, which are extracted hereunder:
“74. Methods of making payments-There are five methods of
making payments: D
(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 E

(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(1) to such of the F
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 G
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 endeavours to secure their 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
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96 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 should, as far as possible, arrange to
B
make the payments due in or near the village to which the payee
belong in order that the number of un-disbursed sums to be placed
in deposits on account of non-attendance may be reduced to a
minimum. Whenever payment is claimed through a representative
whether before or after deposit of the amount awarded, such
C representative, must have legal authority for receiving the
compensation on behalf of his principal.”

D

E

F

G

H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 97
(DEAD) THR. LRS. [ARUN MISHRA, J.]

59. In Delhi Development Authority v. Sukhbir Singh & Ors. A
(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 B
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 from a reading of sub-paragraphs (I) to (IV) of paragraph
74. Even the second method, which is payment by order on the
treasury, is a direct method of payment in cases where no officer C
is specially deputed for acquisition of land. In such cases instead
of making a direct payment, a receipt is countersigned making it
immediately payable at the treasury to the payee. Otherwise, in
certain circumstances, payment is to be made by money order
and/or by cheque. When we come to paragraph (V), it is clear D
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 E
after such an intimation, and if the officer, after further endeavours
to secure their attendance, cannot so secure their attendance,
that amounts due are to be paid to the treasury as revenue deposited
payable to persons to whom they are due. It is clear, therefore,
that sub-para (V), when read in its proper perspective, is not a F
separate mode of payment by itself as is contended by learned
Counsel for the Appellants. It is a residuary mode of payment
after all necessary efforts have been made by the authorities to
secure the attendance of the persons entitled to compensation,
and it is only after all such methods have failed that, as a last
resort, the money is then to be deposited in the treasury. In any G
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. H
98 SUPREME COURT REPORTS [2018] 2 S.C.R.

A We agree with aforesaid part of Sukhbir Singh (supra) related
to section 31(1), however, not with respect to part relating section 31(2).
60. It is apparent from rules that when no reference is sought on
refusal to accept, amount is to be deposited in treasury. Rules have to
be harmonized with the provision in the Act, thus, it would be necessary
B to deposit in court when reference is sought. Thus, under section 31(2)
provision of deposit in court on refusal would be attracted, when reference
had been sought, as provided in rules. Section 31(2) does not come in
play at all in cases of refusal to accept amount when reference 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
C 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
D to disburse the compensation and deposit in treasury has to be made as
per rules and if not deposited in Court at the most would be merely a
procedural irregularity and the maximum liability would be as envisaged
under section 34 of Act of 1894 in case it has not been “tendered”. Due
to non deposit at the most it could be said that amount could not be
E invested in Government security etc. under section 32 or 33 of Act of
1894. In such securities the interest is not more than 15 % as such.
62. Moreover, the proviso to section 24(2) which prescribes 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
F 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 dispute as to
entitlement or (4) apportionment and authority decides not to disburse
G compensation in later two exigencies. In such cases, it has to be deposited
in court. It is not necessary to make tender of amount of compensation
under Section 31(1) in the 3 latter exigencies provided in section 31(2)
itself. The proviso to section 24(2) of the Act of 2013 does not envisage
any of the exigencies as contemplated under section 31(2) it clearly
H deals with deposit of money before the Land Acquisition Collector or in
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 99
(DEAD) THR. LRS. [ARUN MISHRA, J.]

the treasury with respect to “majority of the holding” as the State/authority A
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
B
land holders. In the Treasury also separate accounts are opened of the
landowners and money is kept in such separate accounts. As is apparent
from the standing order 28 of Punjab and the rules framed under section
55 of Act of 1894 by various State Governments in case the amount has
been deposited as per the proviso to section 24(2) in the treasury or with
the Land Acquisition Collector with respect to majority of the holding C
the provisions contained in proviso to section 24(2), in our opinion, would
be fully complied with.
63. A perusal of Section 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, D
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 Section 55 of the 1894
Act, as well as under other statutory or administrative powers. The E
deposit in treasury is not, in any manner, invalid. If the deposit is valid,
there is no reason to hold that the said deposit has to be ignored.
Government finances, after all, have to be handled as per the applicable
rules. The deposit in treasury was as per binding procedural rules/orders
issued by Government of India and/or in exercise of the powers under F
Article 283 of the Constitution of India.
PRACTICAL 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 G
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 circumstances and are bound to deposit the Government H
100 SUPREME COURT REPORTS [2018] 2 S.C.R.

A money where it is supposed to be i.e. in the treasury as provided in
rules. Thus, by conduct also, there can be non-acceptance of
compensation. Once compensation is accepted, right to challenge
acquisition would vanish. State authorities are not expected to retain the
money with them and run after the landowners and match with their
dilatory tactics with vigil to find out that one ultimate day, the litigation
B
would attain finality. Once by their conduct, 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
C time even after decades in new generation, who has received the
compensation and who has not received the compensation. There is no
such data readily available to them. Thus once by conduct, such
landowners refuse to accept the land acquisition/compensation, so as to
saddle liability on authority, they have to inform the outcome/ willingness
to the concerned authorities to apply for payment and to show their
D
readiness to accept. Same would be the position in case amount is
deposited in court. They have to apply for its withdrawal. The obligation
of authorities is at initial stage. At subsequent stage, unless and until
there is willingness shown by landowners/interested persons to accept
the compensation, authorities cannot presume that they would accept it
E 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 compensation, is reflected by their conduct in
F
the litigation. In case of interim stay also authorities cannot offer the
compensation as that would tantamount to violation of court’s order and
after interim stay ceases to operate, it is for the landowners to apprise
the authorities of their intention not to take the litigation further and their
willingness to accept compensation. Section 24(2) does not provide cover
G to such litigation. The intent of 2013 Act has been discussed in DDA v.
Sukhbir Singh (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
H to complete acquisition have not been taken for a period of five
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 101
(DEAD) THR. LRS. [ARUN MISHRA, J.]

years or more. These steps include the taking of physical possession A
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 completed the acquisition proceedings within a
reasonable time after pronouncement of award. Not having done
so even after a leeway of five years is given, would cross the
B
limits of legislative tolerance, after which the whole proceeding
would be deemed to have lapsed. It is important to notice that the
Section gets attracted if the acquisition proceeding is not completed
within five years after pronouncement of the award.”
The intent is that authority to complete acquisition within five years,
the legislature frowns upon delay of more than five years. C

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 D
of section 24 of the 2013 Act whereas it is meant to beneficial legislation.
Its intention is to resettle the incumbents to offer better compensation as
compared to the 1894 Act. In the various ways, the provision has been
sought to be blatantly misused. The law never envisages such absurd
results as is being sought to be achieved. The beneficial provisions of E
2013 Act are put to misuse that tantamounts to grossest abuse of the
provisions of law to reopen such acquisitions and court has to thwart all
such attempts at threshold and not to receive such cases even for
consideration for a moment. We see development has taken place in the
area that has been acquired, there have been several rounds of litigation
which have been lost by landowners even up to this Court; thereafter F
some persons are filing cases on the basis of power of attorneys or sale
deeds which are not permissible after land has vested in the State and
purchase after issuance of notification under section 4 is illegal and void
and no such right is given to such incumbents to re-open the whole
gamut of issues and to even contend that acquisition has lapsed under G
the provisions of the 2013 Act.
66. The law as prevailed under the Act of 1894 never invalidated
any land acquisition in the absence of amount being deposited in court
since the time immemorial in most cases where reference is not sought,
amount had been invariably deposited in the Treasury as provided in H
102 SUPREME COURT REPORTS [2018] 2 S.C.R.

A statutory rules framed under section 55 of Act of 1894 and other standing
order issued by State Governments, and there were decisions of 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
B
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
which have taken place in various States in the country by laying down
that once amount has not been deposited in the court but in treasury,
C acquisitions would lapse under section 24. It will be a very harsh operation
of law as old Act never provided for such a consequence since 1894 the
Act was enacted till new 2013 Act came into force. Same is not
consequence in case acquisition is made under Act of 2013 is apparent
from conjoint reading of sections 77 and 80 thereof. When there were
such anomalous situation, the statutory rules and statutory orders issued
D
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
E or 30, as provided under rules also and there was dispute as to person
entitled to it or apportionment thereof between the claimants. Primarily
it is for the Land Acquisition Collector to distribute the compensation
and poor farmers are not supposed to know the court and place where
the reference would be made, if it was not sought person would not
know a place where it would not be submitted to court, the question of
F
deposit in court would not arise. The court is not disbursing authority of
compensation when reference is not sought. Farmers/ claimants are
primarily concerned 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
G 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 to be a law which would be to invalidate concluded transaction
as per prevailing law and divest the land which has vested in State,
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 103
(DEAD) THR. LRS. [ARUN MISHRA, J.]

development has taken place, possession taken, awards passed, after A
litigation/several rounds of litigation lost and then land cannot be ordered
to revert back. The law does not intend that effect, as it may be termed
as arbitrary and beyond legislative competence. We have to prevent the
misuse of provisions and avoid anomalous results.
67. The court has to be cautious and duty-bound to prevent such B
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 C
invalidate acquisitions that have taken place in 1912, 1950s and 1960s
onwards and have attained finality, as are sought to be reopened under
the guise of 2013 Act taking advantage of the aforesaid technical aspect.
Courts are duty-bound to thwart all such attempts as the land which has
been acquired long back, it would not be possible to make payment of D
compensation as of the rate as provided in the Act of 2013 to undeserving
persons at the cost of public revenue, and it would not be appropriate to
interpret the provisions in such a manner 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 E
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
made has to be, ultimately, adjudged from stand point of the events that F
follow it’; and, when we consider the after-effects of the decision in
Pune Municipal Corporation (supra), the fact leaps out at us that,
there being no dearth of unyielding ‘talent’ in this regard, tenacious efforts
are being made at mis-utilizing the dictum contained in the said decision,
by finding out ever newer and innovative methods to do so. G
PREJUDICE DUE TO NON-DEPOSIT IN COURT
69. Yet another aspect arises, as to, what 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
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104 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 where reference would be
made and deposit in the treasury is not a permissible mode of deposit, as
B
per the mode prescribed by law in section 31(2) of the Act of 1894. It is
trite law that in the given situation unless aggrieved party makes out a
case of prejudice and injustice, every infraction of law would not vitiate
the act. This court in Jankinath Sarangi v. State of Orissa (1969) 3
SCC 392 observed:
C “5. From this material, it is argued that the principles of natural
Justice were violated because the right of the appellant to have
his own evidence recorded was denied to him and further that the
material which was gathered behind his back was used in
determining his guilt.
D 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
E There is no doubt that if the principles of natural Justice are violated
and there is a gross case, this Court would interfere by striking
down the order of dismissal; but there are cases and cases.
We have to look to what actual prejudice has been caused to a
person by the supposed denial to him of a particular right.”
F
70. In Sunil Kumar Banerjee v. State of West Bengal, (1980) 3
SCC 304, it was observed:
“3. ......It may be noticed straightaway that this provision is akin
to Section 342 of the Criminal Procedure Code of 1898 and Section
313 of the Criminal Procedure Code of 1974. It is now well
G
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......”
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 105
(DEAD) THR. LRS. [ARUN MISHRA, J.]

Similar view of the matter is taken in State of Andhra Pradesh A
v. Thakkidiram Reddy, (1998) 6 SCC 554; Willie (William) Slaney v.
State of Madhya Pradesh, AIR 1956 SC 116; Abdul Sayeed v. State
of Madhya Pradesh, (2010) 10 SCC 259; State of Punjab v.
DavinderPal Singh Bhullar, AIR 2012 SC 364; and Bahamans v. State
of Karnataka, (2012) 9 SCC 650.
B
CONSEQUENCE OF NOT DEPOSITING THE AMOUNT UNDER
SECTION 31 OF THE 1894 ACT :
71. The expression used in section 31 is not “paid”, it is only “tender
payment” and there is obligation to pay compensation unless prevented
by a cause under sub-section (2) of section 31. In case there is dispute C
as to person 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 D
1894. Collector need not tender the payment invariably. It can be
deposited in the court in the exigencies as provided in section 31(2).
Apart from that section 31(2) does not cover all the exigencies and it
does not require that invariably the compensation has to be deposited
with the court. it is only when reference is sought that reference court E
comes to picture not otherwise as provided in rules/ orders in case person
refuses and seeks a reference to court it has to be deposited in court
where reference would be submitted otherwise as provided in the rules
it has to 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 F
“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
of non-payment of compensation is clearly culled out in section 34. There G
is a liability for payment of interest. This court in Delhi Development
Authority v. Sukhbir Singh & Ors. [(2016) 16 SCC 258], has
considered modes of payment in section 31(1) and has held in Para 18
quoted above that deposit in the treasury is residuary mode of payment
under section 31(1) of Act of 1894.
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106 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 72. This court has considered the question of effect of non-deposit
in Hissar Improvement v. Smt. Rukmani Devi & Anr., AIR 1990 SC
2033 and observed that in case of compensation is not being paid or
deposited in time in court before taking possession of the land, Collector
has to deposit the amount awarded in section 31 failing which he is liable
to pay interest as provided in section 34. The Court has observed:
B
“5. It cannot be gainsaid that interest is due and payable to the
landowner in the event of the compensation not being paid or
deposited in time in court. Before taking possession of the land,
the Collector has to pay or deposit the amount awarded, as stated
in Section 31, failing which he is liable to pay interest as provided
C in Section 34.
6. In the circumstances, the High Court was right in stating that
interest was due and payable to the landowner. The High Court
was justified in directing the necessary parties to appear in the
executing court for determination of the amount.”
D
73. In Kishan Das & Ors. v. State of U.P. & Ors. (1995) 6 SCC
240 this Court has laid down that in case 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
E 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 to pay is discharged as soon as it is tendered
unconditionally and made available to the landowners. Thereafter there
F is no further obligation to deposit it in court so as to save the acquisition.
Only to save acquiring body from liability to pay interest at exorbitant
rates, it may be deposited in court in certain cases where reference
court comes into picture to discharge obligation by State but deposit in
Court would not be payment to landowners. In case there is failure on
the part of the State authorities in depositing the compensation in court
G 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
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 107
(DEAD) THR. LRS. [ARUN MISHRA, J.]

be premium for dilatory tactics of landowners that they can claim even A
higher rate of interest.
74. In Seshan & Ors. v. Special Tehsildar & Land Acquisition
Officer, SPICOT, Pudukkottai (1996) 8 SCC 89 this Court laid down
that in case compensation is not deposited after expiry of one year, the
provisions of section 34 would be attracted so as to claim the interest @ B
15%, it shall be interest payable on compensation not paid or deposited
after expiry of one year, and 9% for first year both from the date of
taking possession till date of payment or deposit in court.
75. In D Block Ashok Nagar (Sahibabad) Plot Holders’
Association (Regd.) v. State of U.P. & Ors. (1997) 10 SCC 77, this C
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 D
the purview of main section 24(2), the word “paid” could not have been
taken to include the “deposit”, it is contemplated in proviso only, and in
case with respect to the “majority of holding” the amount is not deposited
in the account of beneficiary/landowner in case award has been passed
before five year or more then acquisition would not lapse however all
beneficiary/landowners would become entitled to higher compensation E
as provided in the Act of 2013. The expression “deposited in the account
of landowners” would not mean deposited in the court as envisaged in
Section 31(2) of the old Act, action as permissible as per the financial
instructions having statutory or administrative orders having force of
law as well as under the Rules framed by various State Governments in F
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
would be full compliance of the proviso of section 24(2) of new Act. In
Delhi Development Authority v. Sukhbir Singh & Ors. also, this court G
has rightly held that deposit in treasury by Land Acquisition Collector is
permissible mode of deposit under section 31(1).
77. In Mahavir & Ors. v. Union of India, [SLP [C] No. 26281/
2017] this Court has held:
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108 SUPREME COURT REPORTS [2018] 2 S.C.R.

A “9. Section 31(1) of the Act requires tender of compensation which
is tendered in terms of section 12 of the Act. Section 12 provides
a mode 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
B
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. Section 34 of the Act makes it
clear that if the compensation is not deposited on or before taking
C the possession of the land, interest at the rate of nine percent shall
follow from the time of so taking the possession until compensation
so paid or deposited in the court. The proviso to section 34 makes
it clear that in case it is not so deposited in court as per section
31(1) within a period of one year from the date of taking possession
interest at the rate of 15 percent per annum shall be payable.
D
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
E 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
observed, that “where a power is given to do a certain thing in a certain
way, the thing must be done in that way or not at all. Other methods of
F performance are necessarily forbidden”. There is no dispute with the
said proposition, and the same has been followed by this Court umpteen
number of times. However, the consistent practice that has been followed
in land acquisition cases is that it is only when reference is sought, and
the amount has not been paid for one or other reason as per section
31(2), that the amount is deposited in the court to which the reference
G 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
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 109
(DEAD) THR. LRS. [ARUN MISHRA, J.]

issued by various State Governments. Section 31(2) cannot be said to be A
covering all the exigencies of depositing amount. It was not necessary
for various other exigencies to deposit the amount in the Court. Particularly
in view of the Government rules and instructions in financial matters
which were binding and consistently followed by making the deposit in
treasury for more than 100 years since 1894.
B
WHETHER SECTION 24(2) DIVESTS THE STATE OF LAND
79. The question arises when there is absolute vesting of the land
in the State under the provisions of the Act of 1894 whether it 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 C
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. Merely by
obtaining interim order or keeping the litigation pending or filing it afresh D
that too by way of stale and belated claim after the Act of 2013 has
come into force, no divesting of land is contemplated. It is only in
exigencies provided deemed lapse take place either when possession
not taken or compensation not paid as provided in Section 24(2) and
where award has not been passed, the provisions of section 24 of Act of E
2013 applies. In a catena of decisions, this Court has laid down 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 F
urgency even before passing of an award.
80. The vested right cannot be taken away. In Black’s Law
Dictionary “vested” is defined thus:
“vested, adj. (18c) Having become a completed, consummated G
right for present or future enjoyment; not contingent; unconditional;
absolute a vested interest in the estate.
“Unfortunately, the word ‘vested’ is used in two senses. Firstly,
an interest may be vested in possession, when there is a right
to present enjoyment, e.g. when I own and occupy Blackacre.
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110 SUPREME COURT REPORTS [2018] 2 S.C.R.

A But an interest may be vested, even where it does not carry a
right to immediate possession if it does confer a fixed right of
taking possession in the future.” George Whitecross Paton, A
Textbook of Jurisprudence 305 (CW. Paton & David P. Derham
eds., 4th ed. 1972).
B “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 should become a present estate at
C any time.” Thomas F. Bergin 8. Paul C. Haskell, Preface to
Estates in Land and Future Interests 66-67 (2d ed. 1984).”
In Webster’s Dictionary, it is defined as:
“vested adj. [pp. of vest] 1. Clothed; robed, especially in church
D vestments. 2. inlaw, fixed; settled; absolute; not contingent upon
anything: as, a vested interest.”
81(a). In State of Punjab v. Sadhu Ram, 1996 (7) JT 118, this
Court has laid down that when possession is taken by the Government
after passing of the award and compensation has been paid, right, title
E 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
F has held that the said procedure was not followed for surrendering
the land to the erstwhile owners. The respondent had purchased
the land had improved upon the land and is, therefore, entitled to
be an equitable owner of the land. We wholly fail to appreciate
the view taken by the High Court. The learned Judge had net
referred to the relevant provisions of the Act and law. It is an
G undisputed fact that consequent upon the passing of the award
under Section 11 and took possession of the land, by operation of
Section 16 of the Act, the right, title and interest of the erstwhile
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
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 111
(DEAD) THR. LRS. [ARUN MISHRA, J.]

acquired land. Before the possession could be taken, the A
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 become the
absolute owner of the property free from all encumbrances, unless
B
the title is conferred on any person in accordance with a procedure
known to law, no one can claim any title much less equitable title
by remaining in possession. The trial Court as well as the appellate
Court negatived the plea of the respondent that he was inducted
into possession as a lessee for a period of 20 years. On the other
hand, the finding was that he was in possession as a lessee on C
yearly basis. Having lawfully 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
D
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 (India) Ltd. v. State of Haryana & Ors.
(1996) 11 SCC 698, this Court has laid down that when award has been
passed, possession has been taken, land vests in the State free from all E
encumbrances. Any encumbrance created by erstwhile owner after
publication of notification under section 4 has no valid title and is not
binding on the State. Subsequent purchaser has no right to challenge the
legality of acquisition proceedings. This Court has laid down thus:
“2. Shri P.P. Rao, learned senior counsel for the petitioner, contends F
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 G
required to be considered on merits. We find no force in the
contention. Any encumbrance created by the erstwhile owner of
the land after publication of the notification under Section 4(1)
does not bind the State if the possession of the land is already
taken over after the award came to be passed. The land stood
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112 SUPREME COURT REPORTS [2018] 2 S.C.R.

A vested in the State free from all encumbrances under Section 16.
In Gunnukh Singh and Ors. v. The State of Haryana JT (1995) 8
SC 208, this Court has held that a subsequent purchaser is not
entitled to challenge the legality of the acquisition proceedings on
the ground of lack of publication of the notification. In Y.N. Garg
v. State of Rajasthan [1996] 1 SCC 284 and SnehPrabha v. State
B
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
C colour of title claimed by the purchaser was void. The beneficiary
is entitled to have absolute possession free from encumbrances.
In U.P. Jal Nigam, Lucknow through its Chairman and Anr. v.
M/s. Kalra Properties (P) Ltd., Lucknow, and Ors. [1996] 1
SCC 124, this Court had further held that the purchaser of the
property, after the notification under Section 4(1) was published,
D
is devoid of right to challenge the validity of the notification or
irregularity in taking possession of the land before publication of
the declaration under Section 6. As regards laches in approaching
the Court, this Court has been consistently taking the view starting
from State of Madhya Pradesh and Anr. v. Bhailal Bhai and Ors.
E [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.,
F
Rabindranath Bose and Ors. v. The Union of India and Ors.
[1970]2SCR697 ;
State of Mysore and Ors. v. Narsimha Ram Naik,
[1976]1SCR369 ;
G Aflatoon and Anr. v. Lt. Governor of Delhi [1975]1SCR802 ;
M/s. TilokchandMotichand and Ors. v. H.B. Munshi, Commissioner
of Sales Tax, Bombay, and Anr. [1969]2SCR824 ;
State of Tamil Nadu and Ors. Etc. v. L. Krishnan and Ors. Etc.,
(1996)1SCC250 ;
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 113
(DEAD) THR. LRS. [ARUN MISHRA, J.]

Improvement Trust, Faridkot, and Ors. v. Jagjit Singh and Ors. ; A
State of Punjab and Ors. v. Hari Om Co-operative House Building
Society Ltd., Amritsar; Market Committee, Hodal v. KrishanMurari
and Ors. , (1996)1SCC311 and;
State of Haryana v. Dewan Singh AIR1996SC675
B
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 C
that laches close the gates of the Court for him to question the
legality of the notification under Section 4(1), declaration under
Section 6 and the award of the Collector under Section 11.”
(emphasis supplied)
81(c). In Market Committee v. Krishan Murari (1996) 1 SCC D
311 award was passed, possession was taken; it was observed that the
land vests in the Government free from all encumbrances. In PuttuLal
(dead) by LRs. v. State of U.P. & Anr. (1996) 3 SCC 99, possession
had been taken and compensation paid to the owner. It was held that
land vests in the State free from all encumbrances. Consequently, State E
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 F
possession. Thus when there is absolute vesting in the State it is vesting
along with possession and thereafter a person who remains in possession
is only a trespasser not in rightful possession. Vesting cannot be
considered with any rider as to title or possession. Vesting contemplates
absolute title, possession in the State as laid down in the aforesaid
decisions. Of course, the procedure of vesting can be looked by court if G
questioned and once entry is handful, it vests absolutely in State and the
Act of 2013 does not reopen and divest State Government of the 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
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114 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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
B time of the making of the order of adjudication or thereafter to
appoint a receiver for the property of the insolvent and further
provides that “such property shall thereupon vest in the receiver.”
The property vests in the receiver for the purpose of administering
the estate of the insolvent for the payment of his debts after
realising his assets. The property of the insolvent vests in the
C receiver not for all purposes but only for the purpose of the
Insolvency Act and the receiver has no interest of his own in the
property. On the other hand, Sections 16 and 17 of the Land
Acquisition Act (Act I of 1894), provide that the property so
acquired, upon the happening of certain events, shall “vest
D 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. It would thus appear
E that the word “vest” has not got a fixed connotation, meaning in
all cases that the property is owned by the person or the authority
in whom it vests. It may vest in title, or it may vest in possession,
or it may vest in a limited sense, as indicated in the context in
which it may have been used in a particular piece of legislation.
F The provisions of the Improvement Act, particularly Sections 45
to 49 and 54 and 54A when they speak of a certain building or
street 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.”
G 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
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 115
(DEAD) THR. LRS. [ARUN MISHRA, J.]

character or given the rights of absolute ownership; not contingent; A
not subject to be defeated by a condition precedent.”
Rights are ‘vested’ when right to enjoyment, present or prospective,
has become property of some particular person or persons as
present interest; mere expectancy of future benefits, or contingent
interest in property founded on anticipated continuance of existing B
laws, does not constitute vested rights. In Webster ’s
Comprehensive Dictionary, (International Edn.) at p. 1397
‘vested’ is defined as:
“[L]aw held by a tenure subject to no contingency; complete;
established by law as a permanent right; vested interests.” C
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 D
pre-existing rights of the intermediary in the estate to which the
declaration applied, shall stand vested in the State free from all
encumbrances. Section 6 does not have the effect of divesting
the State of the vested right, title and interest of the intermediary.
One of the rights is the right to take possession of the land held by
the intermediary. The section excluded the operation of Sections E
4 and 5, viz., the interest of the respondent to retain khas possession
was saved subject to his making the application in the prescribed
form. It was held that the fishery rights stood vested in the State.
18. In Brighu Nath Sahay Singh v. Mohd. Khalilur Rahman
the appellants were proprietors of certain lands in Touzi (new) F
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- G
existing right, title, and interest held by the appellants stood ceased.
They cannot, therefore, claim khas possession of the lands in
occupation of the tenants.
19. In Labanya Bala Devi v. State of Bihar Patna Secretariat,
the tank and tankail settled by the intermediary were held to have
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116 SUPREME COURT REPORTS [2018] 2 S.C.R.

A been vested in the State after the Act had come into force.
Therefore, the pre-existing rights of the tenure-holder in the tank
stood ceased since they were not saved under Section 6(1)(b) of
the Act.
20. It would thus be clear that on and with effect from the date of
B the publication 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
C and interest held by the intermediary/tenure-holder stood divested.”
“Vest” means an absolute or indefeasible right. Thus, the provisions
contained under the Act of 2013 have not taken vested rights away.
81(f). In J. S. Yadav v. State of Uttar Pradesh (2011) 6 SCC
D 570, this Court has observed:
“20. “The word ‘vested’ is defined in Black’s Law Dictionary
(6th Edition) at page 1563, as:
vested; fixed; accrued; settled; absolute; complete. Having the
character or given the rights of absolute ownership; not
E contingent; not subject to be defeated by a condition precedent.’
Rights are ‘vested’ when right to enjoyment, present or prospective,
has become property of some particular person or persons as
present interest; mere expectancy of future benefits, or contingent
interest in property founded on anticipated continuance of existing
F laws, does not constitute vested rights. In Webster’s
Comprehensive Dictionary (International Edition) at page 1397,
‘vested’ is defined as :
Law held by a tenure subject to no contingency; complete;
established by law as a permanent right; vested interest.”
G (See Mosammat Bibi Sayeeda and Ors. etc. v. State of Bihar and
Ors. etc. AIR 1996 SC 1936 at SCC p.527, para 17)
21. The word “vest” is normally used where an immediate fixed
right in present or future enjoyment in respect of a property is
created. With the long usage, the said word “vest” has also acquired
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 117
(DEAD) THR. LRS. [ARUN MISHRA, J.]

a meaning as “an absolute or indefeasible right”. It had a A
“legitimate” or “settled expectation” to obtain 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
B
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 right independent of any contingency.
Such a right can arise from a contract, statute or by operation of
law. A vested right can be taken away only if the law specifically C
or by necessary implication provide for such a course.”
82. On proper reading of section 24, it is clear that no divesting is
contemplated under the provision. Provisions of section 24 when award
is passed, possession is taken, compensation has been tendered, vesting
takes place. There is no deemed lapse under section 24 in such a case. D
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 E
such express provision or necessary implication. The beneficial
intendment of proviso to section 24(2) is that acquiring body must have
arrangement of money for payment of compensation with respect to
majority of holding. It never envisages misuse of the provision. Law
does not contemplate or permit a litigant to misuse of the provisions. F
Law does not permit court cover to be used as shield when there is no
legality in the claim and one cannot be permitted to reap the fruits of
one’s own dilatory tactics, money power to litigate till eternity. The Act
nowhere intends that only litigating incumbents who are not accepting
acquisition have to be given the benefit of Act of 2013. Those who have
obtained interim orders under guise of prima facie case anyhow or G
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.

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118 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 been legally made and possession has been taken and such incumbents
are responsible for not receiving compensation. Now those judgments
are sought to be get rid of under the subsequent legislation, particularly
B
under section 24 of the Act of 2013.
85. In relation to the maxim ‘nemo debet bis vexari pro una et
eadem causa’, which means that it is a rule of law that a man should
not be twice vexed for one and the same cause, Broom, in Legal Maxims,
has discussed thus:
C
“When a party to litigation seeks improperly to raise again the
identical question which has been decided by a competent Court,
a summary remedy may be found in the inherent jurisdiction which
our Courts possess of preventing an abuse of process.”
D 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 final. Exception as carved out in section 24 when award has
not been passed under section 24(1)(a) for determination of compensation
E only the provisions of the Act of 2013 would apply. Once possession has
been taken Compensation tendered but not accepted under section 17(1)
of the Act or section 16 of Act of 1894 vesting takes place.
IN RE: QUESTION NO.II: MODE OF TAKING PHYSICAL
POSSESSION AS CONTEMPLATED UNDER SECTION 24(2) OF
F ACT OF 2013 AND THE ACT OF 1894:
86. Intrinsically connected with 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
G 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 open land, possession is deemed to
be of owner. When the State acquired the land and has drawn
memorandum of taking possession that in the way the State take
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 119
(DEAD) THR. LRS. [ARUN MISHRA, J.]

possession of large chunk of property acquired as State is not going to A
put other persons in possession or its police force or going to cultivate it
or start residing or physically occupy it after displacing who were
physically in possession as in the case of certain private persons, in case
they re-enter in possession of open land, start cultivation or residing in
the house. Lawful possession is deemed to be of the State. This Court in
B
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 C
could withdraw from the acquisition of the land under section 48(1) of
the Act. This Court observed thus:
“28. We agree with the conclusion reached by our brother Untwalia,
J., as also with the reasoning on which the conclusion is based.
But we are writing a separate judgment as we feel that the D
discussion in the judgment of our learned brother Untwalia, J., in
regard to delivery of ‘symbolical’ and ‘actual’ possession under
Rules 35, 36, 95 and 96 of Order XXI of the CPC, is not necessary
for the disposal of the present appeals’ and we do not wish to
subscribe to what has been said by our learned brother Untwalia, E
J., in that connection, nor do we wish to express our assent with
the discussion of the various authorities made by him in his
judgment. We think it is enough to state that when the Government
proceeds to take possession of the land acquired by it under the
Land Acquisition Act, 1894, it must take actual possession of the
land since all interests in the land are sought to be acquired by it. F
There can be no question of taking ‘symbolical’ possession in the
sense understood by judicial decisions under the CPC. Nor would
possession merely on paper be enough. What the Act contemplates
as a necessary condition of vesting of the land in the Government
is the taking of actual possession of the land. How such possession G
may be taken would depend on the nature of the land. Such
possession would have to be taken as the nature of the land admits
of. There can be no hard and fast rule laying down what, act
would be sufficient to constitute taking of possession of land. We
should not, therefore, be taken as laying down an absolute and
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120 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 going on the
spot and inspecting the land for the purpose of determining what
B
part was waste and arable and should, therefore, be taken
possession of and determining its extent, was sufficient to constitute
taking of possession. It appears that the appellant was not present
when this was done by the Tehsildar, but the presence of the
owner or the occupant of the land is not necessary to effectuate
C the taking of possession. It is also not strictly necessary as a matter
of legal requirement that notice 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
D
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 held that recording of
memorandum/ Panchnama by Land Acquisition Officer in the presence
E of witnesses signed by them would constitute taking possession of land.
This Court observed:
“8. It is settled law by series of judgments of this Court that one
of the accepted modes of taking possession of the acquired land
is recording of a memorandum or Panchnama by the LAO in the
F presence of witnesses winged by him/them and that would
constitute taking possession of the land as it would be impossible
to 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.”
G 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 would be sufficient that
H symbolic possession is taken by preparing an appropriate document in
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 121
(DEAD) THR. LRS. [ARUN MISHRA, J.]

the presence of independent witnesses and getting their signatures. Even A
subsequent utilization of a portion of acquired land for public purpose
was still sufficient to prove taking possession. This Court in Banda
Development Authority (supra) has considered various decisions and
laid down thus:
“37. The principles which can be culled out from the above-noted B
judgments are:
i) No hard and fast rule can be laid down as to what act would
constitute taking of possession of the acquired land.
ii) If the acquired land is vacant, the act of the concerned State
authority to go to the spot and prepare a panchnama will ordinarily C
be treated as sufficient to constitute taking of possession.
iii) If crop is standing on the acquired land or building/structure
exists, mere going on the spot by the concerned authority will, by
itself, be not sufficient for taking possession. Ordinarily, in such
cases, the concerned authority will have to give notice to the D
occupier of the building/structure or the person who has cultivated
the land and take possession in the presence of independent
witnesses and get their signatures on the panchnama. Of course,
refusal of the owner of the land or building/structure may not lead
to an inference that the possession of the acquired land has not E
been taken.
iv) If the acquisition is of a large tract of land, it may not be
possible for the acquiring/designated authority to take physical
possession of each and every parcel of the land and it will be
sufficient that symbolic possession is taken by preparing F
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
G
been utilized in furtherance of the particular public purpose, then
the Court may reasonably presume that possession of the acquired
land has been taken.”
87(d). In State of Tamil Nadu & Anr. v. Mahalakshmi Ammal
& Ors. (1996) 7 SCC 269, this Court has held: “Possession of the acquired
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122 SUPREME COURT REPORTS [2018] 2 S.C.R.

A land would be taken only by way of memorandum, Panchnama which is
a legally accepted form.” This Court observed:
“9. It is well settled law that publication of the declaration under
Section 6 gives conclusiveness to public purpose. Award was made
on September 26, 1986 and for Survey No. 2/11 award was made
B 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
C does not render the initial award invalid. It is also to be seen that
there is stay of dispossession. Once there is stay of dispossession,
all further proceedings necessarily could not be proceeded with
as laid down by this Court. Therefore, the limitation also does not
stand as an impediment as provided in the proviso to Section 11A
D of the Act. Equally, even if there is an irregularity in service of
notice under Sections 9 and 10, it would be a curable irregularity
and on account thereof, award made under Section 11 does not
become invalid. Award is only an offer 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
E 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
F the illegal occupant. Considered from this perspective, we hold
that the High Court was not justified in interfering with the award.”
87(e). In Balmokand Khatri Educational and Industrial Trust
v. State of Punjab (1996) 4 SCC 212 it was observed that it is difficult
to take physical possession of land under compulsory acquisition. The
G normal rule of taking possession is drafting the Panchnama in the presence
of Panchas, is accepted mode of taking possession of land. This Court
observed:
“4. It is seen that the entire gamut of the acquisition proceedings
stood completed by April 17, 1976, by which date possession of
H the land had been taken. No doubt, Shri Parekh has contended
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 123
(DEAD) THR. LRS. [ARUN MISHRA, J.]

that the appellant still retained their possession. It is now well- A
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
beneficiaries is the accepted mode of taking possession of the
B
land. Subsequent thereto, the retention of possession would
tantamount only to illegal or unlawful possession.
5. Under these circumstances, merely because the appellant
retained possession of the acquired land, the acquisition cannot
be said to be bad in law. It is then contended by Shri Parekh that
the appellant-Institution is running an educational institution and C
intends to establish a public school and that since other land was
available, 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, D
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 State Government. We
find that it is not necessary for us to give any such liberty since
acquisition process has already been completed.” E

(emphasis supplied)
87(f). In P. K. Kalburqi v. State of Karnataka & Ors. (2005)
12 SCC 489, this Court held that if land were vacant and unoccupied,
taking symbolical possession would be enough. This Court held that in F
case land was vacant only symbolical possession could be taken and
such possession would amount to vesting the land in the Government.
Thus 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: G
“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
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124 SUPREME COURT REPORTS [2018] 2 S.C.R.

A declared by the Land Acquisition Collector because crops were
standing on several parcels of land including the Appellant’s land
and possession thereof could not have been taken without giving
notice to the landowners. That apart, it was humanly impossible
to give notice to large number of persons on the same day and
take actual possession of land comprised in various survey numbers
B
(total measuring 214 Acres 5 Kanals and 2 Marlas).”
This Court has laid down that since the land was lying fallow with
no crop on it, the Tehsildar going on the spot and inspecting the land was
enough to constitute taking possession. No notice was required to be
given to the occupant of the land.
C
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.
D 87(i). In Om Prakash Verma & Ors. v. State of Andhra Pradesh
& Ors. (2010) 13 SCC 158, this Court observed:
“85. As pointed out earlier, the expression `civil appeals are allowed’
carry only one meaning, i.e., the judgment of the High Court is set
aside and the writ petitions are dismissed. Moreover, the
E determination of surplus land based on the declaration of owners
has become final long back. The notifications issued under Section
10 of the Act and the panchanama taken possession are also final.
On behalf of the State, it was asserted that the possession of
surplus land was taken on 20.07.1993 and the Panchanama was
executed showing that the possession has been taken. It is signed
F 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
G (2009) 10 SCC 501].
86. It is not in dispute that the Panchnama has not been questioned
in any proceedings by any of the appellants. Though it is stated
that Chanakyapuri Cooperative Society is in possession at one
stage and ShriVenkateshawar Enterprises was given possession
by the owners and possession was also given to Golden Hill
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 125
(DEAD) THR. LRS. [ARUN MISHRA, J.]

Construction Corporation and thereafter it was given to the A
purchasers, the fact remains that the owners are not in possession.
In view of the same, the finding of the High Court that the
possession was taken by the State legally and validly through a
Panchnama is absolutely correct and deserves to be upheld.”
87(j). In M. Venkatesh & Ors. v. Commissioner, Bangalore B
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 C
and Tika Ram v. State of U.P. More importantly, as on the date of
the suit, the respondents had not completed 12 years in possession
of the suit property so as to entitle them to claim adverse possession
against BDA, the true owner. The argument that possession of
the land was never taken also needs notice only to be rejected for
it is settled that one of the modes of taking possession is by drawing D
a panchnama which part has been done to perfection according
to the evidence led by the defendant BDA. Decisions of this Court
in T.N. Housing Board v. A. Viswam and Larsen & Toubro Ltd.
v. State of Gujarat, sufficiently support BDA that the mode of
taking possession adopted by it was a permissible mode.” E
(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) F
cannot be said to be correct and in accordance with law. Drawing of
Panchnama is the accepted mode of taking possession and once
Panchnama has been drawn in the presence of witnesses, in case
Panchnama has been signed by official witnesses as to its correctness
as there is presumption of correctness of the official act under section G
114 of the Act of 2013. A photograph cannot show actual/ legal possession
much less proof of possession as person may enter/re-enter by committing
trespass to have photographed. That would not negate the proceedings
held for taking possession and drawing panchnama.

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126 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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
B
Court, and must prevail.
87(m). In Narmada Bachao Andolan v. State of Madhya
Pradesh & Anr. AIR 2011 SC 1989, this Court has observed that it
would depend upon the facts of individual case whether possession has
been taken or not. However, this Court had appointed a Commissioner
C in the said case to find out the possession on the spot and DVDs. and
CDs were seen to hold that landowners were in possession. District
Judge, Indore, recorded the statements of the tenure-holders, which were
referred to by this Court in the said judgment. Said decision has to be
treated as confined to its own facts, as the mode adopted for determining
D 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.
E However, statements recorded by the District Judge were also taken
into consideration in Narmada Bachao Andolan (supra). The decision
in said case is to be taken as confined to the facts and cannot be said to
be of universal application. Subsequent DVD/CD are not going to establish
whether possession, in fact, was taken earlier. Such mode of determining
F the possession by subsequent material is not of much value as there can
be re-entry in possession after possession had been taken. In the decision
of Banda Development Authority (supra), it appears that the law laid
down has been properly discussed and propositions have been laid down
properly.
G 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 state authority would ordinarily be treated as sufficient
H to constitute the taking of possession. If crop is standing, notice was
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 127
(DEAD) THR. LRS. [ARUN MISHRA, J.]

required to be given to the occupier of building or structure and thereafter A
taking possession in presence of independent witnesses and in spite of
refusal by the owner did not mean that possession of the has not been
taken. If acquisition is of a large tract of land, it would not be possible to
take physical possession of each and every parcel of such land. Taking
‘symbolic’ possession, by preparing an appropriate document, in presence
B
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) C
4 SCC 325], the Court held that Section 24(2) of the 2013 Act being a
benevolent provision, even though possession had been taken, but if due
procedure was not followed and, the photographs showed that the
landowners were in possession, the proceedings would lapse. Such a
view, in our opinion, is contrary to the settled law as referred to in Banda D
Development Authority (supra). The same will, accordingly, stand
overruled.
In Re: Question No.III :
WHETHER SECTION 24 OF THE ACT OF 2013 REVIVES
STALE/ BARREDCLAIMS? E

90. In several 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.
F
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
being routinely urged before various courts, including this Court and is
involved in several instant cases. To that end, proceedings are being G
filed anew, even though everything appertaining the concerned acquisition
proceedings, including several rounds of legal challenge to the same, has
attained finality decades ago. The question is whether it is permissible to
assert for resuscitation of such claims, placing them under the umbrella
of the provisions of Section 24.
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128 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 92. An instance of such a claim, 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.
B
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 thereon, is summarized
hereunder. The petition was dismissed on the ground of delay and laches,
holding that it destroyed the remedy. It was further held that section 24
C does not revive non-existing or dead claims; it only ensures that claims,
which were alive, would be examined.
94. In Mahavir’s case (supra), this Court has also referred to the
decision in Tamil Nadu Housing Board, Chennai v. M. Meiyappan &
Ors. [(2010) 14 SCC 309], and in Jasveer Singh v. State of U.P. &
D Ors. [(2017) 6 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
E 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
observations in Mahavir’s case (supra) are extracted hereunder:
“15. In U.P. State Jal Nigam & Anr. v. Jaswant Singh & Anr.
F (2006) 11 SCC 464 this court has observed that in determining
whether there has been delay so as to amount to laches in case
petitioner/claimant is aware of the violation of the right, where a
remedy by his conduct tantamount to waiver of it or where, by his
conduct or neglect, though not waiving the remedy, he has put the
G other party in a position in which it would not be reasonable to
place him if the remedy were afterwards to be asserted. In such
cases lapse of time and delay are most material. Upon these
considerations rests the doctrine of laches.
16. The Constitution Bench of this court in Rabindranath Bose
&Ors. v. Union of India &Ors. (1970) 1 SCC 84 has observed:
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 129
(DEAD) THR. LRS. [ARUN MISHRA, J.]

“32 …we are of the view that no relief should be given to A
petitioners who, without any reasonable explanation, approach
this Court under Article 32 of the Constitution after inordinate
delay. The highest Court in this land has been given Original
Jurisdiction to entertain petitions under Article 32 of the
Constitution. It could not have been the intention that this Court
B
would go into stale demands after a lapse of years. It is said
that Article 32 is itself a guaranteed right. So it is, but it does
not follow from this that it was the intention of the Constitution
makers that this Court should discard all principles and grant
relief in petitions filed after inordinate delay.”
(emphasis supplied)” C

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, D
if has resulted in material evidence relevant to adjudication being lost or
rendered unavailable, would be fatal. It was held that the time limit of 6
months, prescribed by section 10(4A), should be interpreted so as not to
revive stale and dead claims, for it would not be possible to defend such
claims due to lapse of time and due to material evidence having been E
lost or rendered unavailable. In Dharappa (supra), it was observed;
“29. This Court while dealing with Section 10(1)(c) and (d) of the
ID Act, has repeatedly held that though the Act does not provide
a period of limitation for raising a dispute under Section 10(1)(c) or
(d), if on account of delay, a dispute has become stale or ceases F
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 G
180; Asst. Executive Engineer v. Shivalinga (2002) I LLJ 457
SC; and S.M. Nilajkar v. Telecom DT. Manager (2003) II LLJ
359 SC. When belated claims are considered as stale and non-
existing for the purpose of refusing or rejecting a reference under
Section 10(1)(c) or (d), in spite of no period of limitation being H
130 SUPREME COURT REPORTS [2018] 2 S.C.R.

A prescribed, it will be illogical to hold that the amendment to the
Act inserting Section 10(4A) prescribing a time limit of six months,
should be interpreted as reviving all stale and dead claims.
30. The object of Section 10(4A) is to enable workmen to apply
directly to the Labour Court for adjudication of disputes relating
B 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
C commencement of the Industrial Disputes (Karnataka
Amendment) Act, 1987, whichever is later”. The reason for these
words is obvious. In cases where the cause of action arose prior
to 7.4.1988, some additional time had to be provided to make the
provisions effective. Let us take the example of a workman who
D had received the termination order on 10-10-1987. If
Section 10(4A), which come into effect on 7.4.1988, had merely
stated that the application had to be filed within six months from
the date of communication, he had to file the application before
10-4-1988, that is hardly three days from the date when the
amendment came into effect. The Legislature thought that
E 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
F the date of expiry of six months. When a new remedy or relief is
provided by a statute, such a transitional provision is made to ensure
that persons who are given a special right, do not lose it for want
of adequate time to enforce it, though they have a cause of action
or right as on the date when the new remedy or relief comes into
effect.
G
31. Section 10(4A) does not, therefore, revive non-existing or stale
or dead claims but only ensures that claims which were live, by
applying the six month rule in Section 10(4A) as on the date 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
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 131
(DEAD) THR. LRS. [ARUN MISHRA, J.]

“or the date of commencement of the Industrial Disputes A
(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 7-4-1988 were
B
deemed to have been communicated such orders of termination
as on 7-4-1988 for the purpose of seeking remedy. Therefore, the
words “within six months from the date of commencement of the
Industrial Disputes (Karnataka Amendment) Act, 1987, whichever
is later” only enables those who had been communicated order of
termination within six months prior to 7-4-1988, to apply under C
Section 10(4A).”
96. The stale claims cannot be entertained even though no time
limit is prescribed, 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 D
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 E
the application. The position is settled by the decision of this Court
in The Addl. Spl. Land Acquisition Officer,
Bangalore v. Thakoredas, Major and Ors., AIR 1994 SC 2227 It
was held:
“3. Admittedly, the cause of action for seeking a reference F
had arisen on the date of service of the award under
Section 12(2) of the Act. Within 90 days from the date of the
service of notice, the respondents made the application
requesting the Deputy Commissioner to refer the cases to the
Civil Court under Section 18. Under the amended sub-
section 3(a)of the Act, the Deputy Commissioner shall, within G
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 H
132 SUPREME COURT REPORTS [2018] 2 S.C.R.

A prayer to direct the Deputy Commissioner to make a reference.
There is no period of limitation prescribed in subsection 3(b) to
make that application but it should be done within limitation
prescribed by the Schedule to the Limitation Act. Since no
Article expressly prescribed the limitation to make such
application, the residuary article under Article 137 of the
B
Schedule to the Limitation Act gets attracted. Thus, it could be
seen that in the absence of any special period of limitation
prescribed by clause (b) of subsection (3) of Section 18 of the
Act, the application should have been made within three years
from the date of expiry of 90 days prescribed in Section 18(3)(b)
C 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.”
D
This position is also supported by the reasoning in Kerala State
Electricity Board v. T.P. Kunhaliumma, 1977] 1 SCR 996. It may
be seen that under the Central Act sans the Karnataka amendment
there was no right to approach the principal civil court of original
jurisdiction to compel a reference and no time limit was also fixed
E for making such an approach. All that was required of a claimant
was to make an application for reference within six weeks of the
award or the notice of the award, as the case may be. But obviously
the State Legislature thought it necessary to provide a time frame
for the claimant to make his claim for enhanced compensation
F 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.
G
10. A statute can, even while conferring a right, provide also for a
repose. The Limitation Act is not an equitable piece of legislation
but is a statute of repose. The right undoubtedly available to a
litigant becomes unenforceable if the litigant does not approach
the court within the time prescribed. It is in this context that it has
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 133
(DEAD) THR. LRS. [ARUN MISHRA, J.]

been said that the law is for the diligent. The law expects a litigant A
to seek the enforcement of a right available to him within a
reasonable time of the arising of the cause of action and that
reasonable time is reflected by the various articles of the Limitation
Act.”
97. Thus, when we ponder as to the instant case, qua the re- B
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 C
to claims over open pieces of land, and even houses/structures, when
the person may have illegally reentered into the possession or may have
committed trespass. Thus, for the aforesaid reasons, such claims cannot
be entertained or adjudicated under section 24 of the 2013 Act.
98. In our considered opinion section 24 cannot be used to revive D
the dead or stale claims and the matters, which have been contested up
to this Court or even in the High Court having lost the cases or where
reference has been sought for enhancement of the compensation.
Compensation obtained and still it is urged that physical possession has
not been taken from them, such claims cannot be entertained under the E
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 which such plea ought to have been
raised and such decisions would operate as res judicata or constructive F
res judicata. As either the plea raised is negatived or such plea ought to
have been raised or was not raised in the previous round of litigation.
Section 24 of the Act of 2013 does not supersede or annul the court’s
decision and the provisions cannot be misused to reassert such claims
once over again. Once Panchnama has been drawn and by way of G
drawing the Panchnama physical possession has been 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 H
134 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 been illegally
deprived of their possession for five years or more; in both the scenarios,
fault/cause not being attributable to the landowners/claimants.
B 100. We are of the view that stale or dead claims cannot be the
subject-matter of judicial probing under section 24 of the Act of 2013.
The provisions of section 24 do not invalidate those judgment/orders of
the courts where under rights/claims have been lost/negatived, neither
do they revive those rights which have come barred, either due to inaction
or otherwise by operation of law. Fraudulent and stale claims are not at
C 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
D (supra), and this Court never, even for a moment, intended that such
cases would be received or entertained by the courts.
IN RE: QUESTION NOS. IV AND V
101. Question Nos. IV and V have been referred to in Yogesh
Neema & Ors. v. State of M.P. & Ors. (supra) by this Court relating to
E correctness of the decision in Shree Balaji Nagar Residential
Association v. State of Tamil Nadu (supra) and conscious omission
referred in para 11 of the said judgment 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 and applicability of the principle
F 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:
G “11. From a plain reading of Section 24 of the 2013 Act, it is clear
that Section 24(2) of the 2013 Act does not exclude any period
during which the land acquisition proceedings might have remained
stayed on account of stay or injunction granted by any Court. In
the same Act, the proviso to Section 19(7) in the context of limitation
for publication of declaration under Section 19(1) and the
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 135
(DEAD) THR. LRS. [ARUN MISHRA, J.]

Explanation to Section 69(2) for working out the market value of A
the land in the context of delay between preliminary notification
under Section 11 and the date of the award, specifically provide
that the period or periods during which the acquisition proceedings
were held up on account of any stay or injunction by the order of
any Court be excluded in computing the relevant period. In that
B
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 the subject elaborately discussed by C
this Court in 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 I for the purpose of excluding the D
period when the proceeding suffered stay by an order of the Court,
in the context of limitation provided for publishing the declaration
under Section 6(1) of the Act. To a similar effect was the
Explanation 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 E
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.” F
In Shree Balaji (supra) a Division Bench of this Court has opined
that their conscious omission made by the legislature in section 24(2) of
Act, 2013 to exclude the period covered by the interim order of the
Court staying the acquisition proceedings, this Court has observed that
in the Act of 1894 by making amendment of the provisions contained in G
sections 6 and 11A by providing extension of period of limitation the
period during which interim order of the court has operated has been
excluded. It has not been so provided in Section 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
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136 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 consideration of the
provisions of section 24(2) of the Act of 1894. A doubt has been expressed
B
as to the correctness of the decision in Shree Balaji (supra) on the
ground that it is an established principle of law that the act of court
cannot be construed to cause prejudice to any of the contesting parties
in litigation which is expressed in the maxim ‘actus curiae neminem
gravabit’.
C EFFECT OF INTERIM ORDER OF A COURT
103. It was contended on behalf of the landowners that there was
interim stay only with respect to obtaining the possession and not with
respect to payment of compensation. Thus compensation ought to have
been paid. While raising aforesaid submission the basic concept of
D acquisition under 1894 Act is ignored and overlooked as right to receive
compensation is a statutory right and that comes into being only when
the Government takes possession of the property acquired. It is a ‘right
in debitum in praesenti’, and not dependent on the quantum of the
compensation, either by the Land Acquisition Officer under section 11
E of the Act or by Court under section 26 of the Act of 1894. Section 17(1)
also provides that compensation has to be offered when the possession
is taken and in case interim stay on possession is obtained in any litigation
or orders of status quo and or such other order is passed, it is not open to
such persons to contend that they ought to have been paid the
compensation notwithstanding that they have been resisting the acquisition
F and taking of possession.
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
G 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
the acquisition on impermissible reasons and during the pendency of the
writ appeal or matter before this Court, the provisions of Act of 2013
H have come into force. Such matters have to be decided on their own
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 137
(DEAD) THR. LRS. [ARUN MISHRA, J.]

merits and the benefit of any illegal quashment of land acquisition by the A
High Court cannot come in the way of adjudication of the dispute on
merits considering situation when it was filed as Act does not cover
cause of illegal order, in view of the provisions contained in repeal and
saving 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
B
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 inhibitive action on the part of the authorities to proceed C
further. In said decision this Court has observed thus :
“9. Therefore, the reason given in B.R. Gupta v. U.O.I. and Ors.
37(1989) DLT 150 are obvious with reference to the quashing of
the publication of the declaration under Section 6 vis-a-vis the
writ petitioners therein. The question thus arise for consideration D
is: whether the stay obtained by some of the persons who
prohibited the respondents from publication of the declaration under
Section 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 E
since the High Court in some of the cases has, in fact, prohibited
them as extracted hereinbefore, from publication of the declaration,
necessarily, when the Court has not restricted the declaration in
the impugned orders in support of the petitioners therein, the
officers had to hold back their hands till the matters are disposed
of. In fact, this Court has given extended meaning to the orders of F
stay or proceeding in various cases, namely, Yusufbhai
Noormohmed Nendoliya v. State of Gujarat and Anr.
AIR1991SC2153;Hansraj Jain v. State of Maharashtra and Ors.
(1993) 4 JT 360; Sangappa Gurulingappa Sajjan v. State of
Kamataka and Ors. (1994) 4 SCC 145; Gandhi Grah Nirman G
Sahkari Samiti Ltd. Etc. Etc. v. State of Rajasthan and
Ors.JT(1993) 3 194; G. Narayanaswamy Reddy (dead) by Lrs.
and Anr. v. Govt. of Karnataka and Anr. JT (1991) 312 and
Roshnara Begum Etc. v. U.O.I. and Ors.(1986) 1 apex Dec 6.The
words “stay of the action or proceeding” have been widely
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138 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 enquiry under Section 5-A was properly conducted and the
B
declaration published under Section 6 to be valid, it would not be
open to the officers to proceed further into the matter. As a
consequence, the stay granted in respect of some would be
applicable to others also who had not obtained stay in that behalf.
We are not concerned with the correctness of the earlier direction
C with regard to Section 5-A enquiry and consideration of objections
as it was not challenged by the respondent union. We 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
D 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
E during the period when the stay was operative, then obviously
they may have been hauled up for committing contempt of court.
The language employed in the interim orders of stay is also such
that it had completely restrained the respondents from proceeding
further in the matter by issuing declaration/ notification under
F Section 6 of the Act.”
(emphasis supplied)
105(c). In Shiv Raj (supra), it was noted by this Court that there
was stay of dispossession when the writ petition was pending but this
Court passed no interim order. There was no stay for the last 7 years
G 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.

H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 139
(DEAD) THR. LRS. [ARUN MISHRA, J.]

105(d). A Three-Judge Bench of this Court in Suresh Chand v. A
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 this Act’
should be construed to mean the date on which the moratorium
period expired and the Act became applicable to the demised B
buildings. Such a view would require this Court to give different
meanings to the same expression appearing at two places in the
same section. The words ‘on the date of commencement of this
Act’ in relation to the pendency of the suit would mean 15th July
1972 as held in Om Prakash Gupta (supra) but the words ‘from
such date of commencement’ appearing immediately thereafter C
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 D
unless the context suggests otherwise Besides, such an
interpretation would render the use of prefix ‘such’ before the
word ‘commencement’ redundant. Thirdly such an interpretation
would run counter to the view taken by this Court in Atma Ram
Mittal’s case (supra) wherein it was held that no man can be
made to suffer because of the court’s fault or court’s delay in the E
disposal of the suit. To put it differently if the suit could be disposed
of within the period of ten years, the tenant would not be entitled
to the protection of Section 39 but if the suit is prolonged beyond
ten years the tenant would be entitled to such protection. Such an
interpretation would encourage the tenant to protract the litigation F
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) G
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 are to be examined on the date of the suit unless the
legislature makes such rights retrospective. This Court observed:
H
140 SUPREME COURT REPORTS [2018] 2 S.C.R.

A “28. From the aforesaid decisions the legal position that emerges
is that when a repeal of an enactment is followed by a fresh
legislation such legislation does not affect the substantive rights
of the parties on the date of suit or adjudication of suit unless such
a legislation is retrospective and a court of appeal cannot take
into consideration a new law brought into existence after the
B
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
C 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 Act such legislation is prospective in
operation and does not affect substantive or vested rights of the
parties unless made retrospective either expressly or by necessary
intendment. We are further of the view that there is a presumption
D
against the retrospective operation of a statue and further a statute
is not to be construed to have a greater retrospective operation
than its language renders necessary, but an amending act which
affects the procedure is presumed to be retrospective unless
amending act provides otherwise. We have carefully looked into
E 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
F
3525 this Court had occasion to interpret the substituted section
15 with which we are concerned and held that on a plain reading
of section 15 it is clear that it has been introduced prospectively
and there is no question of such section affecting in any manner
the judgment and decree passed in the suit for pre-emption affirmed
G by the High Court in the second appeal. We are respectfully in
agreement with the view expressed in the said decision and hold
that the substituted Section 15 in the absence of anything in it to
show that it is retrospective, does not affect the right of the parties
which accrued to them on the date of suit or on the date of passing
of the decree by the Court of the first instance. We are also of the
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 141
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view that present appeals are unaffected by change in law in so A
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 Pradesh, AIR 1959 B
SC 433, it was observed that in case complaint has been filed within
time and in case issue of process is permitted by the court, it was held
that it would be an unfortunate state of the law if the trader whose rights
had been infringed and who takes up the matter promptly before the
criminal court, is nevertheless denied redress owing to the delay in the C
issue of process which occurs in court. The Court observed:
“6.It will be noticed that the complainant is required to resort to
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, D
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 of the protection which the
law intended to give them if we were to hold that unless process E
is issued on their complaint within one year of the discovery of
the offence, it should be thrown out. It will be an unfortunate
state of the law if the trader whose rights had been infringed and
who takes up the matter promptly before the Criminal Court is,
nevertheless, denied redress owing to the delay in the issue of F
process which occurs in Court.” (emphasis supplied)
105(g). This Court in Sarah Mathew v. Institute of Cardio
Vascular Diseases, (2014) 2 SCC 62, relied upon decision in DauDayal
(supra) and observed:
“29. Section 473 reads as under: G
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
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142 SUPREME COURT REPORTS [2018] 2 S.C.R.

A the facts and in the circumstances of the case that the delay
has been properly explained or that it is necessary so to do in
the interests of justice.
37. We are inclined to take this view also because there has to be
some amount of certainty or definiteness in matters of limitation
B relating to criminal offences. If, as stated by this Court, taking
cognizance is application of mind by the Magistrate to the suspected
offence, the subjective element comes in. Whether a Magistrate
has taken cognizance or not will depend on facts and
circumstances of each case. A diligent complainant or the
prosecuting agency which promptly files the complaint or initiates
C 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
D because of several reasons; systemic or otherwise. It cannot be
the intention of the legislature to throw a diligent complainant out
of the court in this manner. Besides it must be noted that the
complainant approaches the court for redressal of his grievance.
He wants action to be taken against the perpetrators of crime.
The courts functioning under the criminal justice system are created
E for this purpose. It would be unreasonable to take a view that
delay caused by the court in taking cognizance of a case would
deny justice to a diligent complainant. Such an interpretation of
Section 468 of the Code of Criminal Procedure would be
unsustainable and would render it unconstitutional. It is well settled
F 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).”
G
(emphasis supplied)
106. When once the court has restrained the State authorities to
take possession, or to maintain status quo they cannot pay the amount or
do anything further, as such the consequences of interim orders cannot
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 143
(DEAD) THR. LRS. [ARUN MISHRA, J.]

be used against the State. It is basic principle that when a party is disabled A
to perform a duty and it is not possible for him to perform a duty, is a
good excuse. It is a settled proposition that one cannot be permitted to
take advantage of his own wrong. The doctrine “commodum ex-injuria
sua Nemo habere debet” means convenience cannot accrue to a party
from his own wrong. No person ought to have advantage of his own
B
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 C
of law and dilatory tactics.
107. In Suresh Chandra v. Gulam Chisti (supra), it has been laid
down that no man can be made to suffer because of court’s faults or
court’s delay in disposal of suits. It was held that in case it could not be
the argument that if the suit prolonged beyond 10 years, tenant would be D
entitled to protection and if disposed of within 10 years, tenant would not
be entitled to the protection. The argument on the rights based on gains
of delay of litigation was rejected and such party could not take the
benefit of change in law.
CASUS OMISSUS: E
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 F
of Ordinance it was to be incorporated as the second proviso, the
Ordinance has lapsed. It was also urged that it is a case of casus omissus
as wherever the legislature wanted exclusion of stay period in section
19(7) of the Act of 2013, specific provision has been made for exclusion
of the period spent during the currency of stay and injunction order.
Section 19 of the new Act corresponds to section 6 of the Act of 1894. G
It was also urged that there is also a provision made in the Explanation
appended to section 69(2) to exclude the period spent during the stay/
injunction. Section 69 deals with determination of amount of compensation
to be awarded and interest thereupon.
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144 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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.
B
Whether it was necessary to incorporate such a provision was not gone
into by the Committee. Its recommendation is bald. Though the Ordinance
had been promulgated, the second proviso was to be added for exclusion
of the time of stay. Proviso also wanted to validate deposit in treasury to
remove the basis of decision of Pune Municipal Corporation (supra).
C That would not mean that in the absence of addition of proviso, the
actual legal position could be ignored. The position of law discussed by
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
D
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 provision of exclusion has
been made alike the previous provision, so also in section 69. Section 24
as couched did not contemplate providing cover to the litigation and its
E fruits to be reaped. The absence of provision for excluding the period of
stay/ injunction of a Court order does not at all affect the provision of
section 24(2) of the Act of 2013. It intended that authority should not
keep pending acquisition due to laxity on their part for five years or
more. It never intended to apply in case they were not able to perform
obligation due to court order or conduct of landowners. Obviously the
F
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.
G 110. In Shivraj (supra), this court did not consider the question of
exclusion of the time. In Karnail Kaur (supra), and in Balaji Nagar
Residential Association (supra), various aspects, having a bearing on
the issue, were not considered. Thus, they cannot be said to be laying
down the correct law.
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111. The landowners placed reliance on a decision of this Court, A
rendered in Padma Sundara Rao (Dead) & Ors. v. State of Tamil
Nadu & Ors., (2002) 3 SCC 533, in which this court considered casus
omissus and observed:
“12. The rival pleas regarding re-writing of statute and casus
omissus need careful consideration. It is well settled principle in B
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 C
supposed and has been intended but what has been said. “Statutes
should be construed not as theorems of Euclid”. Judge Learned
Hand said, “but words must be construed with some imagination
of the purposes which lie behind them”. (See Lehigh Valley Coal
Co. v. Yensavage 218 FR 547). The view was reiterated in Union D
of India and Ors. v. Filip Tiago De Gama of Vedem Vasco De
Gama (1990)1SCC277 .
13. In Dr. R. Venkatchalam and Ors. etc. v. Dv. Transport
Commissioner and Ors. etc. [1977] 2 SCR 392 it was observed
that Courts must avoid the danger of apriority determination of E
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 F
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. v. P.N.B Capital Services Ltd.
(2000)5SCC515 ]. The legislative casus omissus cannot be supplied G
by judicial interpretative process. Language of Section 6(1) is plain
and unambiguous. There is no scope for reading something into it,
as was done in Narasimhaiah’s case (supra). In Nanjudaiah’s
case (supra), the period was further stretched to have the time
period run from date of service of High Court’s order. Such a
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146 SUPREME COURT REPORTS [2018] 2 S.C.R.

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.
B 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
C 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 put on a particular provision makes
a consistent enactment of the whole statute.
D 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
E 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. 1966 AC
557 where at p. 577 he also observed: “this is not a new problem,
F though our standard of drafting is such that it rarely emerges”.]
16. The plea relating to applicability of the stare decisis principles
is clearly unacceptable. The decision in K. Chinnathambi Gounder
(supra) was rendered on 22.6.1979 i.e. much prior to the
amendment by 1984 Act. If the Legislature intended to give a
G 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
H excluded and that there is no scope for providing any other period
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 147
(DEAD) THR. LRS. [ARUN MISHRA, J.]

of limitation. The maxim ‘actus curiae neminem gravabit’ A
highlighted by the Full Bench of the Madras High Court has no
application to the fact situation of this case.
17. The view expressed in Narasimhaiah’s case (supra) and
Nanjudaiah’s case (supra), is not correct and is over-ruled while
that expressed in A.S. Naidu’s case (supra) and Oxford’s case B
(supra) is affirmed.”
In Padma Sundara Rao (supra), this court considered the period
of limitation for issuance of declaration 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 C
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 reconciled
with the language of section 6(1), and in this regard, further observed, D
that explanation to section 6 excluded only that period during which any
action or proceeding, initiated in pursuance of the notification issued
under section 4 (1), had been stayed by an order of a court. When the
legislature has specifically provided for the periods covered by the order
of stay and injunction, the Court observed no other period could be said E
to be intended to be excluded, by providing time period 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 F
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 the Court in the case of Padma Sunder Rao
(supra) was concerned. Thus, the ratio of the said decision has a different
field to operate on, and consequently, renders no support to the submission G
raised on behalf of the landowners.
113. Reliance has been placed by land owners in Rana Girders
Ltd. v. Union of India (2013) 10 SCC 746 which is relied upon in Union
of India v. Sicom Limited & Ors. (2009) 2 SCC 121. This court has
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148 SUPREME COURT REPORTS [2018] 2 S.C.R.

A observed that the statutory provision would prevail upon the common
law 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
B 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 a law within the meaning
of Article 13 of the Constitution is saved in terms of Article 372
C thereof. Those principles of common law, thus, which were existing
at the time of coming into force of the Constitution of India are
saved by reason of the aforementioned provision. A debt which is
secured or which by reason of the provisions of a statute becomes
the first charge over the property having regard to the plain meaning
D of Article 372 of the Constitution of India must be held to prevail
over the Crown debt which is an unsecured one.
10. It is trite that when a Parliament or State Legislature makes
an enactment, the same would prevail over the common law. Thus,
the common law principle which was existing on the date of coming
E into force of the Constitution of India must yield to a statutory
provision. To achieve the same purpose, the Parliament as also
the State Legislatures inserted provisions in various statutes, some
of which have been referred to hereinbefore providing that the
statutory dues shall be the first charge over the properties of the
tax-payer. This aspect of the matter has been considered by this
F Court in a series of judgments.” (Emphasis supplied)
114. There is no dispute with the aforesaid proposition; and, in our
opinion, the statutory provisions, contained in section 24 of the Act of
2013, do not exclude the principles of common law which we have held
applicable. The principles that can be excluded are only those in respect
G to which, provision has been made 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
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“expressio unius est exclusio alterius”. This maxim has been held to A
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
of the provisions there is a mention about period of stay being excluded,
cannot be taken to be conclusive that in other provisions with respect to
the effect of stay not to be considered or common law maxims have no
B
applicability in the context of Section 24(2) of the 2013 Act. The Court
in Mary Angel has observed :
“19. Further, for the rule of interpretation on the basis of the maxim
“expressio unius est exclusio alterius”, it has been considered in
the decision rendered by the Queen’s Bench in the case of Dean
v. Wiesengrund (1955) 2 QBD 120. The Court considered the C
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) D
19 QBD 400 wherein the Court called for its approval-”the maxim”
‘expressiouniusestexclusioalterius’ has been pressed upon us. I
agree with what is said in the Court below by Wills J, about this
maxim. It is often a valuable servant, but a dangerous master to
follow in the construction of statutes of documents. The exclusio
is often the result of inadvertence or accident, and the maxim E
ought not to be applied, when its application having regard to the
subject matter to which it is to be applied, leads to inconsistency
or injustice. In my opinion, the application of the maxim here would
lead to inconsistency and injustice, and would make Section 14(1)
of the Act of 1920 uncertain and capricious in its F
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 G
view of the provisions of Section 4 of the Act read with Rule 10-
A of the Central Excise Rule, was not examined by the Calcutta
High Court because it erroneously shut out consideration of the
meaning and applicability of Rule 10A. The High Court’s view
was based on an application of the rule of construction that where H
150 SUPREME COURT REPORTS [2018] 2 S.C.R.

A a mode of performing a duty is laid down by law it must be
performed in that mode or not at all. This rule flows from the
maxim : “Expressio unius est exclusion alterius.” But, as we pointed
out by Wills, J., in Colquohoun v. Brooks (1888) 2 1. Q.B. D. 52
this maxim “is often a valuable servant, but a dangerous master
....” The rule is subservient to the basic principle that Courts must
B
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
C Rule 52 makes an assessment obligatory before goods are removed
by a manufacturer, yet, neither that rule nor any other, rule, as
already indicated above, has specified the detailed procedure for
an assessment. There is no express prohibition anywhere against
an assessment at any other time in the circumstances of a case
like the one before us where no “assessment”, as it is understood
D
in Jaw, took place at all. On the other hand, Rule 10A indicates
that there are residuary powers of making a demand in special
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
E 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 writs of prohibition
or mandamus were, therefore, called for in the circumstances of
F
the case.”
Thus, the Common Law principles, as discussed by us, cannot be
ousted, to do complete justice to parties and to prevent miscarriage of
justice, within purview of section 24 of the Act of 2013.
G DOCTRINE OF IMPOSSIBILITY
117. In several cases it is often seen that the landowners are not
ready to accept the compensation even though they have been offered
the same; they have either refused to accept or have filed writ applications
questioning the land acquisitions. Further, it is also observed, that
H repeatedly, successive writ applications have also been filed by the
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 151
(DEAD) THR. LRS. [ARUN MISHRA, J.]

persons who have purchased the property after issuance of notification A
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 challenges to
acquisition have been negatived right up to this court but, undeterred by
B
the same, fresh round of litigation is, thereafter, started again, with the
cause again being agitated either by the same persons or by some other
such purchasers. It has come to our notice that now, after the coming
into force of the Act of 2013, unsavory attempts are being made to
grossly misuse the process of law by moving such petitions, and asserting
therein that though they themselves might not have accepted the C
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
D
earlier judicial finding that possession had been taken by drawing
Panchnama etc. If section 24 is interpreted in the method and manner
so as to reopen all the cases, notwithstanding the fact that the land owners,
or as the case may be their successors-in-interest are themselves
responsible for not accepting or illegally refusing to accept the
compensation, or that they have, in an illegal manner, re-entered into E
possession of land, then it becomes, and it has, in fact, become, virtually
impossible for the State Governments to save and carry into effect the
much-needed acquisition of the land, at the cost of public interest, leaving
it with no viable legal defense with which to save the acquisition in such
proceedings made decades before.
F
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 the impossible. It was G
urged that the maxim ‘impossibilium nullaobligatio est’ would come
to the rescue of State authorities in such cases. The doctrine has been
dealt with by this Court in Chander Kishore Jha v. Mahabir Prasad
(1999) 8 SCC 266 thus:
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152 SUPREME COURT REPORTS [2018] 2 S.C.R.

A “13. In our opinion insofar as an election petition is concerned,
proper presentation of an election petition in the Patna High Court
can only be made in the manner prescribed by Rule 6 of Chapter
XXI-E. No other mode of presentation of an election petition is
envisaged under the Act or the Rules thereunder and therefore,
an election petition could, under no circumstances, be presented
B
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
C Pradesh 1954 CriLJ 910 State of Uttar Pradesh v. Singhara Singh
and Ors. [1964] 4 SCR 485. An election petition under the Rules
could only have been presented in the open Court upto 16.5.1995
till 4.15 P.M. (working hours of the Court) in the manner prescribed
by Rule 6 (supra) either to the Judge or the Bench as the case
may be to save the period of limitation. That, however, was not
D
done. However, we cannot ignore that the situation in the present
case was not of the making of the appellant. Neither the designated
election Judge 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.,
E after the Obituary Reference since admittedly the Chief Justice
of the High Court had declared that “the Court shall not sit for the
rest of the day” after 3.15 P.M. Law does not expect a party to
do the impossible-Impossible nulla obligation est—As in the instant
case, the election petition could not be filed on 16.5.1995 during
the Court hours, as far all intent and purposes, the Court was
F
closed on 16.5.1995 after 3.15 P.M.”
119. In Mohd Gazi v. State of Madhya Pradesh (2000) 4 SCC
342 this court has laid down thus:
“6. In the facts and circumstances of the case the maxim of equity,
G namely, actus curiae neminem gravabit - an act of the Court shall
prejudice no man, shall be applicable. This maxim is founded upon
justice and good sense which serves a safe and certain guide for
the administration of law. The other maxim is, lex non cogit ad
impossibilia - the law does not compel a man to do which he
cannot possibly perform. The law itself and its administration is
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 153
(DEAD) THR. LRS. [ARUN MISHRA, J.]

understood to disclaim as it does in its general aphorisms, all intention A
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 Day and Ors.
[1988] 1 SCR 118 and Gursharan Singh and Ors. v. NDMC and
B
Ors. [1996] 1 SCR 1154.”
120. Shri Patwalia has also pressed into service the maxim of
Roman Law namely, ‘Nemo Tenetur ad Impossibilia’ (no one is bound
to do an impossibility). Claimants/ landowners are filing successive
applications/ litigations for obtaining interim stay that has been granted.
There is no way to make them ready to accept the compensation as C
once they accept the compensation their right to question the acquisition
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. D
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 judgment “lax non
cogit ad impossibilia” also expressed as “impotentia excusat E
legem” in common English acceptation means, the law does not
compel a man to do that which he cannot possibly perform. There
ought always thus to be an invincible disability to perform the
obligation and the same is akin to the Roman Maxim “nemo tenetur
ad impossibilia” In Broom’s Legal Maxims the state of the situation F
has been described as below:-
“It is, then, a general rule 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 G
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. Thus in a case in which
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154 SUPREME COURT REPORTS [2018] 2 S.C.R.

A consignees of a cargo were prevented from unloading a
ship promptly by reason of a dock strike, the Court, after
holding that in the absence of an express agreement to unload
in a specified time there was implied obligation to unload within
a reasonable time, held that the maxim lax non cogit ad
impossibilia applied, and Lindley, L.J., said: “We have to do
B
with implied obligations, and I am not aware of any case in
which an obligation to pay damages is ever cast by implication
upon a person for not doing that which is rendered impossible
by causes beyond his control”. (emphasis supplied)
122. In HUDA v. Babeswar Kanhar (2005) 1 SCC 191 this court
C 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
D 02.12.2001 and the postal holiday on 30.11.2001. In fact he had
no control over these matters. Even the logic of Section 10 of the
General Clauses Act, 1897 can be pressed into service. Apart
from the said Section and various provisions in various other Acts,
there is the general principle that a party prevented from doing an
E act by some circumstances beyond his control, can do so at the
first subsequent opportunity (see Sambasiva Chari v. Ramaswami
Reddi (1898) (8) Madras Law Journal 265). The underlying object
of the principle is to enable a 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
F 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
G justice and expediency would require that the accepted principle
which underlies Section 10 of the General Clauses Act should be
applied in cases where it does not otherwise in terms apply. The
principles underlying are lex non cogit ad impossibilia (the law
does not compel a man to do the impossible) and actus curiae
neminem gravabit (the act of Court shall prejudice no man). Above
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being the position, there is nothing infirm in the orders passed by A
the Forums below. However, the rate of interest fixed appears 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) B
123. In Re: Presidential Poll, (1974) 2 SCC 33 this court has
observed:
“…………
(v) The maxim of law impotentia excusat legem is intimately C
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 perform the mandatory part of the law that
impotentia excuses, The law does not compel one to do that which
one cannot possibly perform. “Where the law creates a duty or
charge, and the party is disabled to perform it, without any default D
in him, and has no remedy over it, there the law will in general
excuse him.” Therefore, when it appears that the performance of
the formalities prescribed by a statute has been rendered impossible
by circumstances over which the persons interested had no control,
like the act of God, the circumstances will be taken as a valid E
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)”.
F
(emphasis supplied)
124. In Standard Chartered Bank v. Directorate of Enforcement,
AIR 2005 (2) SC 2622, this court held that there is an acceptable legal
maxim that law does not compel a man to do that which cannot possibly
be performed “impotentia excusat legem”. Basic principle of law is
G
that law compels no impossibility. It was urged that in case the landowners
create such circumstances, which renders impossible performance of
the statutorily prescribed formalities, such landowners couldn’t take
advantage of their own act or wrong.

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156 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 125. In our opinion, the maxims regarding the impossibility of
performance of an act may not be strictly applicable, as acts, under
section 31 or 24, were capable of being performed but authorities were
disabled to perform them as no fault on their part. However, the effect
of Court orders, or the conduct of the landowners/claimants/ beneficiaries,
is required to be considered, it was not an ‘impossibility’ to perform the
B
acts in question by their very nature but the aforesaid aspect is relevant
and underlying principle of inability to perform has to be considered in
the backdrop of fact whether it was in the control or capacity of authority
to perform actions which were possible to be performed but when it
was not possible to perform or were incapacitated to perform. In such
C event person responsible for interdicting cannot ask him to be put in
advantageous position for non-compliance of an act, which possibly would
have been performed, but for such action.
The maxim “nullus commodum capere potest de injuria sua
propria” i.e. ‘No man can take advantage of his own wrong’.
D 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
E 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 to recover the demand (y).”
A “tender” of the amount to be paid operates as a bar upon any
F claim for damages and interest.
127. Thus, in the context of the factual and legal scenario of the
land acquisition proceedings, and of the conduct of the landowners/
claimants, with which we are presently concerned, when once “tender”
of the amount had been made, in any of the prescribed modes, which
G met with refusal to accept it and/or by the conduct of indulging in incessant
litigation which, in some instances, 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:
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 157
(DEAD) THR. LRS. [ARUN MISHRA, J.]

“Further, we may remark that the maxim which precludes a man A
from taking advantage of his own wrong is, in principle, closely allied to
the maxim, ex dolo malo non oritur action, which is likewise of general
application, and will be treated of hereafter in Chapter IX. The latter
maxim is, indeed, included in that above noticed; for it is clear, that since
a man cannot be permitted to take advantage of his own wrong, he will
B
not be allowed to found a claim upon his own iniquity: nemo ex proprio
dolo consequitur actionem; and, as before observed, frustra legis auxilium
quaerit qui in legem committit (g)”
DOCTRINE OF ACTUS CURIAE NEMINEM GRAVABIT.
128. Coupled with aforesaid maxim we have to consider C
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 D
virtue of it, where a case stands over for argument on account of
the multiplicity of business in the Court, or for judgment from the
intricacy of the question, the party ought not to be prejudiced by
that delay, but should be allowed to enter up his judgment
retrospectively to meet the justice of the case (c); and, therefore, E
if one party to an action die during a curia advisari vult, judgment
may be entered nunc pro tunc, for the delay is the act of the
Court, for which neither party should suffer(d).”
129. It is settled proposition of law that no litigant can derive the
benefit of pendency of a case in a court of law. In case any interim F
order is passed during the pendency of litigation it merges in the final
order. In case the case is dismissed the interim order passed during its
pendency is nullified 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 G
wrong.” In case litigation has been filed without any basis and interim
order is passed it would be giving illegal benefit or wrongful gain for
filing untenable claim. This Court in Mrutunjay Pan v. Narmada Bala
Sasmal & Anr. AIR 1961 SC 1353 has observed :
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158 SUPREME COURT REPORTS [2018] 2 S.C.R.

A “…….The following three conditions shall be satisfied before S.90
of the Indian Trusts Act can be applied to a case: (1) the mortgage
shall avail himself of his position as mortgagee; (2) he shall gain
an advantage; and (3) the gaining should be in derogation of the
right of the other persons interested in the property. The section,
read with illustration ©, clearly lays down that where an obligation
B
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
C to make a profit out of the trust. The same principle is comprised
in the latin maxim commodum convenience cannot accrue to a
party from his own wrong. To put it in other words, no one can be
allowed to benefit from his own wrongful act……..”
(emphasis supplied)
D 130. It was submitted on behalf of the landowners that once the
court finds prima facie case and interim order is granted, the litigant
couldn’t be said to be at fault. A merit ultimately examined finally in the
case and is found to be meritless. In such circumstances the maxim
‘actus curiae neminem gravabit’ comes to the rescue of the opposite
E 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
F be neutralized, as institution of litigation cannot be permitted to confer
any advantage on a suitor from the delayed action by the act of the
court. Nor it was so contemplated by Section 24 of Act of 2013. It is not
the policy of law that those who are litigating, obtained interim orders
though ultimately their claim may not be tenable. Gain due to delay or
G tainted act is not permissible and sufferance of person who has abided
by law is not permissible. The provisions of section 24 aim only at
expeditious disposal of acquisition authorities, lethargy of authorities for
five years or more is not tolerated by legislature the provision does not
provide cover or protect such situation of pendency at litigation and does
not confer rights on litigants.
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 159
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131(a). This Court in GTC Industries Ltd. v. Union of India A
(1998) 3 SCC 376 has observed that while vacating stay it is court’s
duty to account for the period of delay and to settle equities, the court
observed:
“16. Section 11AA of the Central Excises and Salt Act, 1944 was
added on 26th of May, 1995 by the Finance Act, 1995. This section B
provides, inter alia, for interest on delayed payment of duty. Where
a person chargeable with duty determined under sub-section (2)
of Section 11A fails to pay such duty within three months from
the date of such determination, he shall pay, in addition to the duty,
interest at such rate not below 10% and not exceeding 30% per
annum as is for the time being fixed by the board on such duty C
from the date immediately after the expiry of the said period of
three months 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 D
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 order of the High Court in the writ petition. While dismissing
the writ petition and revoking the Stay order, the High Court E
directed the appellant to pay interest at 17.5% per annum from
the date of the order of Stay till recovery. This Court reduced the
rate of interest to 12% per annum and on the facts and
circumstances directed that this amount should be recovered from
1st of January, 1985 till payment, this being the year in which the F
matter was Finally decided by this Court as a result of 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, G
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 SCC 191, held that no one can H
160 SUPREME COURT REPORTS [2018] 2 S.C.R.

A suffer from the act of the court and in case an interim order has been
passed and petitioner takes advantage thereof and ultimately petition is
found to be without merit and is dismissed, the interest of justice requires
that any undeserved or unfair advantage gained by a party invoking the
jurisdiction of the court must be neutralized.
B 131(d). This Court in Mahadeo Savlaram Shelke v. Pune
Municipal Corporation (1995) 3 SCC 33 has observed that the court
can under inherent 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.
C 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
D the similar issue while placing reliance upon its earlier judgment in
Grindlays Bank Ltd. v. ITO, (1980) 2 SCC 191, and held that no
person can suffer from the act of the Court and in case an interim
order has been passed and the Petitioner takes advantage thereof
and ultimately the petition is found to be without any merit
and is dismissed, the interest of justice requires that any
E underserved or unfair advantage gained by a party invoking
the jurisdiction of the Court must be neutralized.”
(emphasis supplied)
131(f). This Court has considered the maxim of ‘actus curiae
F 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
G
acts of the Court which were erroneous; the doctrine is applicable
to all such acts as to which it can be held that the Court would not
have so acted had it been correctly apprised of the facts and the
law. It is the principle of restitution which is attracted. When on
account of an act of the party, persuading the Court to pass an
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 161
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order, which at the end is held as not sustainable, has resulted in A
one party gaining advantage which it would not have otherwise
earned, or the other party has suffered an improvement which it
would not 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
B
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 what it has lost.
11. In the facts of this case, in spite of the judgment of the High C
Court, if the appellants would not have persuaded this Court to
pass the interim orders, they would not have been entitled to operate
the mining leases and to raise and remove and disposed of the
minerals extracted. But for the interim orders passed by this Court,
there is no difference between the appellants and any person D
raising, without any lawful authority, any mineral from any land,
attracting applicability 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 E
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 been recovered by the State Government and,
therefore, there is no demand under that Head. No penal F
proceedings, much less any criminal proceedings, have been
initiated against the appellants. It is absolutely incorrect to contend
that the appellants are being asked to pay any penalty or are being
subjected to any penal action. It is not the case of the appellants
that they are being asked to pay a price more than what they
have realised from the exports or that the price appointed by the G
respondent State is in any manner arbitrary or
unreasonable………..”
(emphasis supplied)

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162 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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
B Chief Minister of a premier State of the country. He has been
charged with serious criminal offences. His trial in accordance
with law and the procedure established by law would have to be
in accordance with the 1952 Act. That could not possibly be done
because of the directions of this Court dated 16th February 1984,
as indicated above. It has not yet been found whether the appellant
C is guilty or innocent. It is unfortunate, unfortunate for the people
of the State, unfortunate for the country as a whole, unfortunate
for the future working of democracy in this country which, 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
D 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 undergone in our life and
E in our culture. We are at the threshold of the cross-roads of values.
It is, for the sovereign people of the country to settle those conflicts
yet the Courts have vital roles to play in such matters. With the
avowed object of speedier trial the case of the appellant had been
transferred to the High Court but on grounds of expediency of
F trial, he cannot be subjected to a procedure unwarranted by law,
and contrary to the constitutional provisions. The appellant may
or may 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
G 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 be dealt with in
accordance with the law and not in derogation of it. this Court, in
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 163
(DEAD) THR. LRS. [ARUN MISHRA, J.]

its anxiety to facilitate the parties to have a speedy trial gave A
directions on 16th February 1984 as mentioned hereinbefore
without conscious awareness of the exclusive jurisdiction of the
Special Courts under the 1952 Act and that being the only
procedure established by law, there can be no deviation from the
terms of Article 21 of the Constitution of India. That is the only
B
procedure under which it should have 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 C
Court, even if there are any technicalities this Court should not
feel shackled and decline to rectify that injustice or otherwise the
injustice noticed will remain forever a blot on justice. It has been
said long time ago that “Actus Curiae Neminem Gravabit”- an
act of the Court shall prejudice no man. This maxim is founded
D
upon justice and good sense and affords a safe and certain guide
for the administration of the law.
104. This being the apex Court, no litigant has any opportunity of
approaching any higher forum to question its decisions. Lord Buck-
master in 1917 A.C. 170 stated:
E
All rules of court are nothing but provisions intended to secure
proper administration of justice. It is, therefore, essential that they
should be made to serve and be subordinate to that purpose.
this Court in Gujarat v. Ram Prakash [1970]2SCR875 reiterated
the position by saying: F
Procedure is the handmaid and not a mistress of law, intended to
subserve and facilitate the cause of justice and not to govern or
obstruct it, like all rules of procedure, this rule demands a
construction which would promote this cause.
Once judicial satisfaction is reached that the direction was not G
open to be made and it is accepted as a mistake of the court, it is
not only appropriate but also the duty of the Court to rectify the
mistake by exercising inherent powers. Judicial opinion heavily
leans in favour of this view that a mistake of the Court can be
corrected by the Court itself without any fetters. This is on the
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164 SUPREME COURT REPORTS [2018] 2 S.C.R.

A principle as indicated in Alexander Rodger’s case (supra). I am
of the view that in the present situation, the Court’s inherent 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:
B 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
C aforesaid maxim; it observed:
“39. As we have already noted in reaching this conclusion, light
can be drawn from legal maxims. Legal maxims are referred to
in Bharat Kale, Japani Sahoo and Vanka Radhamanohari (Smt.).
The object of the criminal law is to punish perpetrators of crime.
D This is in tune with the well known legal maxim ‘nullum tempus
aut locus occurritregi’, which means that a crime never dies. At
the same time, it is also the policy of law to assist the vigilant and
not the sleepy. This is expressed in the Latin maxim ‘vigilantibus
et non dormientibus, jura subveniunt’. Chapter XXXVI of the Code
of Criminal Procedure which provides limitation period for certain
E 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
F of complaint or date of initiation of proceedings as the relevant
date for computing limitation under Section 468 of the Code is
supported by the legal maxim ‘actus curiae neminem gravabit’
which means that the act of court shall prejudice no man. It bears
repetition to state that the court’s inaction in taking cognizance
i.e. court’s inaction in applying mind to the suspected offence
G should not be allowed to cause prejudice to a diligent complainant.
Chapter XXXVI thus presents the interplay of these three legal
maxims. Provisions of this Chapter, however, are not interpreted
solely on the basis of these maxims. They only serve as guiding
principles.”
H (emphasis supplied)
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 165
(DEAD) THR. LRS. [ARUN MISHRA, J.]

132. Landowners have also placed reliance on Suptd. of Taxes, A
Dhubri & Ors. v. Assam Jute Supply Ltd & Ors. (1976) 1 SCC 766:
“17. The first contention on behalf of the State that it became
impossible for the State to issue notice under Section 7(2) of the
New Act within two years of the expiry of the period of return is
unsound on principle and facts. The maxim lex non cogit ad B
impossibilia means that the law does not compel a man to do that
which he cannot possibly perform. In the present appeals, the
applications were moved in the High Court for stay of proceedings.
The respondents challenged the validity of the Act, and, therefore,
asked for an injunction restraining the State from taking
proceedings under the Act. At no stage, did the State ask for C
variation or modification of the order of injunction. It is well known
that if it is brought to the notice of a court that proceedings are
likely to be barred by time by reason of any order of injunction or
stay the court passes such suitable or appropriate orders as will
protect the interest of the parties and will not prejudice either D
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 State filed an application for stay of
operation of the judgment of the High Court. The State did not
take steps at the appropriate time. This Court on 28 October 1964 E
granted an interim order staying the operation of the High Court
judgment. The interim order was made absolute on 28 January
1965 with certain conditions. The State cannot take advantage of
its own wrong and lack of diligence. The State cannot contend
that it was impossible to issue any notice within the period F
mentioned in Section 7(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 G
the State was entitled to demand taxes and the respondent was
liable to pay the same. The State followed the policy of inactivity.
Inactivity is not impossibility. The order injunction is not to be
equated with an act of God or an action of the enemy of the State
or a general strike.” H
166 SUPREME COURT REPORTS [2018] 2 S.C.R.

A In the aforesaid case, there was the fault on part of the State.
The State failed to assert rights. The State was guilty of defaults and
did not take steps within time contemplated under section 7(2) of the
said Act. The case turned on its own facts.
133. Reliance has also been placed in this regard on Neeraj
B Kumar Sainy & Ors. v. State of 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
C 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 operate in a
vacuum. It has to get the sustenance from the facts. As is manifest,
after the admissions were over as per the direction of this Court,
D the Appellants, who seemed to have resigned to their fate, woke
up to have control over the events forgetting that the law does not
assist the non-vigilant. One cannot indulge in luxury of lethargy,
possibly nurturing the feeling that forgetting is a virtue, and
thereafter, when the time has slipped through, for it waits for none,
E wake up and take shelter under the maxim “actus curiae neminem
gravabit”. It is completely unacceptable.”
The case pertains to lethargy that would depend on facts of a
case to what extent benefit can be derived from legal principles.
134. An incumbent must succeed or fail in final decision in a
F pending litigation on what case he has set up in the petition. In case of
possession has continued under the cover of the court’s order or
compensation could not be disbursed due to the courts order in our
considered opinion the provision contained in Section 24 (2) cannot be
invoked in such a situation, as such a situation is not covered under the
G provisions of section 24(2), as holding otherwise would amount to giving
a litigant premium for his dilatory tactics in spite of there is no merit in
his challenge to acquisition. In such an event no incumbents can be
permitted to urge though I might have obtained stay restraining you from
taking possession, though I might have refused to receive compensation
or otherwise due to the court’s proceedings, it was not paid/accepted.
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Now you must suffer due to said act of mine. This would be against all A
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
B
advantage of the courts cover to put the other party in disadvantageous
position.
135. The common law principles are in fact rules of equity, justice,
and sound logic. In the absence of there being prohibition in the law,
these principles would be attracted. The efficacy and binding nature of
such common law principles cannot be diminished or whittled down in C
the absence of any express prohibition in law. They are interpretation of
section 24 of Act of 2013.
136. The question then arises as to what 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 D
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 Section 24 of the Act of 2013, E
where the authorities have been, during the interregnum of a litigation,
brought at the instance of landowner/beneficiary, restrained by the act
of the court, interdicting the steps which would have been taken by the
authorities but for such an interim order or conduct of the litigant.
137. In case of possession could not be taken, or compensation F
could not be paid or deposited, due to cover of courts’ order or conduct
of landowner, such cases provision of lapse cannot 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- G
abiding incumbents differently. Operation of law and beneficial provisions
of law in the Act of 2013 are not meant to benefit litigants and to permit
them to reap the fruits of unworthy or frivolous litigation; and, if there is
any merit in such a lis, the challenge therein must stand or fall on its own
footing, irrespective of, and apart from, the coming into force of the H
168 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 2013 Act. Litigation cannot be permitted to become lucrative industry
for the unworthy litigant; it cannot be permitted to be device providing
for fruits in respect of a meritless lis.
138. The maxims nullus commodum capere potest de injuria
sua propria and actus curiae neminem gravabit etc. come into play
B 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
C 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 as far as possible at the same place unless it would
have been had the interim order not being passed. In doing away the
D effect of interim order by resorting to fact of restitution is in fact obligation
of the court.
140(a). In South Eastern Coal Field Ltd. v. State of Madhya
Pradesh & Ors. (2003) 8 SCC 648 this court held that no party can
take advantage of litigation; it has to disgorge the advantage gained due
E to delay in case lis is lost, the court has observed:
“26. In our opinion, 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
F 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 some specific thing to its rightful
owner or status; (ii) compensation for benefits derived from a
wrong done to another; (iii) compensation or reparation for the
G loss caused to another.
(See Black’s Law Dictionary, Seventh Edition, p.1315).
The Law of Contracts by John D. Calamari & Joseph M. Perillo
has been quoted by Black to say that ‘restitution’ is an ambiguous
term, sometimes referring to the disgorging of something which
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 169
(DEAD) THR. LRS. [ARUN MISHRA, J.]

has been taken and at times referring to compensation for injury A
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,
B
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 be weighed.”
The principle of restitution has been statutorily recognized in Section
144 of the Code of Civil Procedure, 1908. Section 144 of the
C.P.C. speaks not only of a decree being varied, reversed, set C
aside or modified but also includes an order on par with a decree.
The scope of the provision is wide enough so as to include therein
almost all the kinds of variation, reversal, setting aside or
modification of a decree or order. The interim order passed by
the Court merges into a final decision. The validity of an D
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 E
been passed against it. The successful party can demand (a) the
delivery of benefit earned by the opposite party under the interim
order of the court, or (b) to make restitution for what it has lost;
and it is the duty of the court to do so unless it feels that in the
facts and on the circumstances of the case, the restitution would F
far from meeting the ends of justice, would rather defeat the same.
Undoing the effect of an interim order by resorting to principles
of restitution is an obligation of the party, who has gained by the
interim order of the Court, so as to wipe out the effect 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 G
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.

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170 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 fair play. That is why it is often held that
even away from Section 144 the Court has inherent jurisdiction to
order restitution so as to do complete justice between the parties.
B In Jai Berham v. Kedar Nath Marwari (1923) 25 BOMLR 643,
their Lordships of the Privy council said: “It is the duty of the
Court under Section 144 of the Civil Procedure Code to place the
parties in the position which they would have occupied but for
such decree or such part thereof as has been varied or reversed.
Nor indeed does this duty or jurisdiction arise merely under the
C 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
D no injury to any of the suitors and when the expression, the act of
the Court is used, it does not mean merely the act of the primary
Court, or of any intermediate Court of appeal, but the act of the
Court as a whole from the lowest court which entertains jurisdiction
over the matter up to the highest Court which finally disposes of
the case”. This is also on the principle that a wrong order should
E not be perpetuated by keeping it alive and respecting it, A.A. Nadar
v. S.P. Rathinasami, (1971) 1 MLJ 220 . In the exercise of such
inherent power the Courts have applied the principles of restitution
to myriad situations not strictly falling within the terms of Section
144.
F 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
G the law. The factor attracting applicability of restitution is not the
act of the Court being wrongful or a mistake or error committed
by the Court; the test is whether on account of an act of the party
persuading the Court to pass an order held at the end as not
sustainable, has resulted in one party gaining an advantage which
it would not have otherwise corned, or the other party has suffered
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an impoverishment which it would not have suffered but for the A
order of the Court and the set of such party.
The quantum of restitution, depending on the facts and
circumstances of a given case, may take into consideration not
only what the party excluded would have made but also what the
party under obligation has or might reasonably have made. There B
is nothing wrong in the parties demanding being placed in the
same position in which they would have been had the court not
intervened by its interim order when at the end of the proceedings
the court pronounces its judicial verdict which does not match
with and countenance its own interim verdict. Whenever called
upon to adjudicate, the court would act in conjunction with what is C
the real and substantial justice. The injury, if any, caused by the
act of the court shall be undone and the gain which the party
would have earned unless it was interdicted by the order of the
court would be restored to or conferred on the party by suitably
commanding the party liable to do so. Any opinion to the contrary D
would lead to unjust if not disastrous consequences. Litigation
may turn into a fruitful industry. Though litigation 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 E
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 battle has been lost at the end. This cannot be
countenanced, we are, therefore, or the opinion that the successful F
party finally held entitled to a relief assessable in terms of money
at the end of the litigation, is entitled to be compensated by award
of interest at a suitable reasonable rate for the period for which
the interim order of the court withholding the release of money
had remained in operation.”
G
(emphasis supplied)
140(b). The doctrine of restitution in common law principle lies in
conscience of court, it had also been discussed in State of Gujarat v.
Essar Oil Ltd., (2012) 3 SCC 522; it was held that:
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172 SUPREME COURT REPORTS [2018] 2 S.C.R.

A “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 different
B
from a remedy in contract or in tort and falls within a third category
of common law remedy which is called quasi-contract or
restitution.
62. If we analyze the concept of restitution one thing emerges
clearly that the obligation to restitute lies on the person or the
C authority that has received unjust enrichment or unjust benefit
(See Halsbury’s Laws of England, Fourth Edition, Volume 9, page
434).
63. If we look at Restatement of the Law of Restitution by
American Law Institute (1937 American Law Institute Publishers,
D 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,
E or performs services beneficial to or at the request of the other,
satisfies a debt or a duty of the other or in a way adds to the
other’s security or advantage. He confers a benefit not only where
he adds to the property of another but also where he saves the
other from expense or loss. Thus the word “benefit” therefore
denotes any form of advantage (page 12 of the Restatement of
F the Law of Restitution by American Law Institute).
64. Ordinarily in cases of restitution, if there is a benefit to one,
there is a corresponding loss to other and in such cases; the
benefiting party is also under a duty to give to the losing party, the
amount by which he has been enriched.”
G
(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
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(DEAD) THR. LRS. [ARUN MISHRA, J.]

restitution is inherent in every court. Court has to neutralize advantage A
of litigation. The person on right side of law should not be frustrated.
The wrongful gain of frivolous litigation has to be eradicated if faith of
people in judiciary has to be sustained Court has to adopt pragmatic
approach. The doctrine of restitution has been considered thus:
“37. This Court in another important case in Indian Council for B
Indian Council for Enviro-Legal Action v. Union of India and Ors.
(2011) 8 SCC 161 (of which one of us, Bhandari, J. was the author
of the judgment) had an occasion to deal with the concept of
restitution. The relevant paragraphs of that judgment dealing with
relevant judgments are reproduced hereunder:
C
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 D
require that any undeserved or unfair advantage gained by a
party invoking the jurisdiction of the court, by the mere
circumstance that it has initiated a proceeding in the court,
must be neutralised. The simple fact of the institution of litigation
by itself should not be permitted to confer an advantage on the
party responsible for it. E

171. In Ram Krishna Verma and Ors. v. State of U.P. and
Ors. (1992) 2 SCC 620 this Court observed as under:
The 50 operators including the Appellants/ private operators
have been running their stage carriages by blatant abuse of F
the process of the court by delaying the hearing as directed in
JeevanNathBahl’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 G
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 under
Article 226 the interest of justice requires that any undeserved
or unfair advantage gained by a party invoking the jurisdiction
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174 SUPREME COURT REPORTS [2018] 2 S.C.R.

A of the court must be neutralised. It was further held that the
institution of the litigation by it should not be permitted to confer
an unfair advantage on the party responsible for it. In the light
of that law and in view of the power under Article 142(1) of
the Constitution this Court, while exercising its jurisdiction would
do complete justice and neutralise the unfair advantage gained
B
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.
C 172. This Court in Kavita Trehan v. Balsara Hygiene Products
(1994) 5 SCC 380 observed as under:
The jurisdiction to make restitution is inherent in every court and
will be exercised whenever the justice of the case demands. It
will be exercised under inherent powers where the case did not
D strictly fall within the ambit of Section 144. Section 144 opens
with the words “Where and in so far as a decree or an order is
varied or reversed in any appeal, revision or other proceeding or
is set aside or modified in any suit instituted for the purpose,.”.
The instant case may not strictly fall within the terms of Section
E 144, but the aggrieved party in such a case can appeal to the
larger and general powers of restitution 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
F 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 that proceedings are dragged for a long time on one count
G or the other and on occasion become highly technical accompanied
by unending prolixity, at every stage providing a legal trap to the
unwary. Because of the delay, unscrupulous parties to the
proceedings take undue advantage and person who is in wrongful
possession draws delight in delay in disposal of the cases by taking
undue advantage of procedural complications. It is also known
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 175
(DEAD) THR. LRS. [ARUN MISHRA, J.]

fact that after obtaining a decree for possession of immovable A
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
B
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 pass such other order which may meet
the interest of justice. This may prevent further injury to the Plaintiff
in whose favour decree is passed and to protect the property
including further alienation. C
174. In Padmawati v. Harijan Sewak Sangh CM (Main) No. 449
of 2002 decided by the Delhi High Court on 6.11.2008, the court
held as under:
‘6. The case at hand shows that frivolous defences and frivolous
litigation is a calculated venture involving no risks situation. You D
have only to engage professionals 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 E
which should be equal to the benefits derived by the litigant and
harm and deprivation suffered by the rightful person so as to check
the frivolous litigation and prevent the people from reaping a rich
harvest of illegal acts through the Court. One of the aims of every
judicial system has to be to discourage unjust enrichment using
Courts as a tool. The costs imposed by the Courts must in all F
cases should be the real costs equal to deprivation suffered by the
rightful person.’
We approve the findings of the High Court of Delhi in the
aforementioned case.
G
175. The High Court also stated: (Padmavati case [(2008) 154
DLT 411], DLT pp. 414-415, para 9)
“9. Before parting with this case, we consider it necessary to
observe that one of the main reasons for over-flowing of court
dockets is the frivolous litigation in which the Courts are engaged
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176 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 gains made by
them as costs to the person deprived of his right and also must be
B
burdened with exemplary costs. Faith of people in judiciary can
only be sustained if the persons on the right side of the law do not
feel that even if they keep fighting for justice in the Court and
ultimately win, they would turn out to be a fool since winning a
case after 20 or 30 years would make wrongdoer as real gainer,
C who had reaped the benefits for all those years. Thus, it becomes
the duty of the Courts to see 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
D
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”.
184. In Ouseph Mathai and Ors. v. M. Abdul Khadir (2002) 1
SCC 319 this Court reiterated the legal position that: (SCC p.328,
E para 13)
’13. …[the] stay granted by the Court does not confer a right
upon a party and it is granted always subject to the final result of
the matter in the Court and at the risk and costs of the party
obtaining the stay. After the dismissal, of the lis, the party
F concerned is relegated to the position which existed prior to the
filing of the petition in the 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
G 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
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 177
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final order to be passed in the case and if the writ petition is A
ultimately dismissed, the interim order stands nullified automatically.
A party cannot be allowed to take any benefit of its own wrongs
by getting an interim order and thereafter blame the court. The
fact that the writ is found, ultimately, devoid of any merit, shows
that a frivolous writ petition had been filed. The maxim actus
B
curiae neminem gravabit, which means that the act of the court
shall prejudice no one, becomes applicable in such a case. In such
a fact situation the court is under an obligation to undo the wrong
done to a party by the act of the court. Thus, any undeserved or
unfair advantage gained by a party invoking the jurisdiction of the
court must be neutralised, as the institution of litigation cannot be C
permitted to confer any advantage on a suitor from delayed action
by the act of the court...’
190. In consonance with the concept of restitution, it was observed
that courts should be careful and pass an order neutralizing the
effect of all consequential orders passed in pursuance of the interim D
orders passed by the court. Such express directions may be
necessary to check the rising trend among the litigants to secure
the relief as an interim measure and then avoid adjudication on
merits.
191. In consonance with the principle of equity, justice, and good E
conscience judges should ensure that the legal process is not
abused by the litigants in any manner. The court should never
permit a litigant to perpetuate illegality by abusing the legal process.
It is the bounden 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 F
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 legal process has G
been abused. No one should be permitted to use the judicial process
for earning undeserved gains or unjust profits. The court must
effectively discourage fraudulent, unscrupulous and dishonest
litigation.

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178 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 192. The court’s constant endeavour must be to ensure that
everyone gets just and fair treatment. The court while rendering
justice must adopt a pragmatic approach and in appropriate cases
realistic costs and compensation be ordered in order to discourage
dishonest litigation. The object and true meaning of the concept
of restitution cannot be achieved or accomplished unless the courts
B
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
C 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. an act of Court
shall prejudice no man is an important one. The maxim “is founded
upon justice and good sense, and affords a safe and certain guide
D for the administration of the law”, said Cresswell J. in Freeman v.
Tranah (12 C.B. 406). An unintentional mistake of the Court which
may prejudice the cause of any party must and alone could be
rectified.
The maxim of equity, namely, actus curiae neminem gravabit:
E an act of court shall prejudice no man, is founded upon justice and
good sense 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
F of compelling impossibilities, and the administration of law must
adopt that general exception in the consideration of particular cases.
(See: M/s U.P.S.R.T.C. v. lmtiaz Hussein (2006 (1) 800 380),
ShaikhSalim Haji Abdul Khayumsab v. Kumar and Ors. (2006
(1) SCC 46), Mohammod Gazi v. State of M.P. and others
G (2000(4) SCC 342) and Gursharan Singh v. New Delhi
Municipal Committee (1996 (2) SCC 459).”
(emphasis supplied)
141. The aforesaid legal exposition also makes it incumbent upon
court not to confer benefit upon an unscrupulous litigant, not to confer
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undeserved gain, administration of land does not control performance of A
Act which is not possible, attempt to abuse legal provisions must be
thwarted, prolonging of litigation by money power, dilatory tactics or
otherwise not to confer benefit, person with merits in the case cannot
succeed, perpetuation of illegality cannot be provided shelter by court to
unjust enrichment to be saved, the doctrine of restitution compels court
B
to not to provide benefit to such litigants of provisions of section 24 of
Act of 2013.
EFFECT OF REPEAL:
142. The Act of 2013 has repealed the Act of 1894. The repealing
and saving is provided in section 114 of the Act of 2013. The provisions C
of section 114, is extracted hereunder:
“114. Repeal and saving.- (1) The Land Acquisition Act, 1894 (1
of 1894) is hereby repealed.
(2) Save as otherwise provided in this Act the repeal under sub-
section (1) shall not be held to prejudice or affect the general D
application of section 6 of the General Clauses Act, 1897 (10 of
1897) with regard to the effect of repeals.”
143. The repeal of the Act of 1894 has been made without prejudice
or affect the general application of section 6 of the General Clauses Act,
1897 with regard to the effect such repealing provision we have to consider E
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 F
a different intention appears, the repeal shall not—
(a) revive anything not in force or existing at the time at which
the repeal takes effect; or
(b) affect the previous operation of any enactment so repealed or
anything duly done or suffered thereunder; or G

(c) affect any right, privilege, obligation or liability acquired, accrued
or incurred under any enactment so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect
of any offence committed against any enactment so repealed; or H
180 SUPREME COURT REPORTS [2018] 2 S.C.R.

A (e) affect any investigation, legal proceeding or remedy in respect
of any such 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
B 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 affect any previous
C operation of any enactment so repealed or anything duly done or suffered
thereunder. Section 6(e) provides that it will not affect any investigation,
legal proceedings or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment unless different
intention appears, and any such investigation, legal proceeding or remedy
may be instituted, or continued or enforced, and any such penalty,
D forfeiture or punishment may be imposed as if the repealing Act or
Regulation had not been passed. The provisions of section 6 clearly
save such proceedings and pending litigation has to be decided only on
the basis of 1894 Act except as provided specifically in Act of 2013.
VARIOUS DECISIONS:
E
145(a). In Pune Municipal Corporation (supra), the High Court
had quashed the notification issued under section 4 on 30.9.2004. Award
was passed on 31.1.2008. Writ petitions were filed in the High Court
which was allowed on the ground that for development of “forest garden”
acquisition proceedings could not have been initiated without resolution
F of the General Body of the Corporation, not on the ground of section
24(2) of Act of 2013. There was non-compliance with section 7 and
other statutory breaches. The special leave petitions were filed in this
Court in the year 2008. During pendency, the Act of 2013 came into
force and this Court has taken the view that expression “paid” used in
G section 24(2) shall carry dual meaning, i.e.it has 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
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 181
(DEAD) THR. LRS. [ARUN MISHRA, J.]

compensation in Government Treasury is not equivalent to the amount A
of compensation paid to landowners/persons interested. This Court held
that deposit of the amount of compensation in State revenue is of no
avail relying on Ivo Agnelo Santimano Fernandes v. State of Goa
(2011) 11 SCC 506 and Prem Nath Kapur v. National Fertilizers
Corporation of India Ltd. (1996) 2 SCC 71.
B
145(b). In the decision in Ivo Agnelo (supra) it was held that
liability to pay interest subsists until amount is paid to the owner or
deposited in court. Whether the State has deposited the amount in
revenue account and utilized the same as it, was impermissible 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 C
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 D
liability to pay interest on the excess amount of compensation
determined by the Civil Court under Section 26 over and above
the compensation determined by the Collector/Land Acquisition
Officer under Section 11 subsists until it is deposited into court.
Propriovigore in case of further enhancement of the compensation E
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. As held earlier, the computation of
the interest should be calculated from the date of taking possession F
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 are only authority with G
respect to payment of interest under section 34 read with section 31. In
Prem Nath Kapur (supra), the main question was how the appropriation
of amount deposited towards cost price, an additional amount of interest
has to be made. In that context a three-Judge Bench of this Court had
made the discussion. This Court also dealt with debtor’s right to specify H
182 SUPREME COURT REPORTS [2018] 2 S.C.R.

A how appropriation to be made of money paid under section 60 of the
Contract Act, 1872. The questions involved in the said cases were
different. There was no such issue involved with regard to the meaning
of the word “paid”. The decision is only on liability to pay interest and is
of no utility for interpretation of section 24(2) as to what is the meaning
of the word “paid” did not arise for consideration in the said decisions.
B
The provisions of section 24(2) used expression “paid” and “deposited”
in different contexts at different places “paid” in the main section and
“deposited” in proviso. Both are to be given the plain meanings and it is
not open to the court to add or substitute any word in statute.
As a matter of fact, the High Court had quashed acquisition in
C Pune Municipal Corporation in 2008 as such Act of 2013 was not
attractive. There was no question of complying with section 24 of Act of
2013.
145(d). The landowners have relied on the decision in Bharat
Kumar v. State of Haryana & Anr. (2014) 6 SCC 586. What is the
D meaning of “paid” did 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.
E 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 & Ors. (2014) 6 SCC 583 in which, similarly the
decision in Pune Municipal Corporation (supra) has been followed.
F Thus the decision is of no avail in view of the aforesaid discussion.
145(f). In Union of India & Ors. v. Shiv Raj & Ors. (2014) 6
SCC 564, decision in Pune Municipal Corpn. (supra) has been followed.
A Circular of Government of India, Ministry of Urban Development has
also been quoted to clarify the statutory provisions of the Act of 2013. A
G Circular issued by the Government 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).
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 183
(DEAD) THR. LRS. [ARUN MISHRA, J.]

145(g). In Magnum Promoters Pvt. Ltd. v. Union of India &Ors. A
(2015) 3 SCC 327, Shree Balaji Nagar Residential Association (supra)
and Pune Municipal Corpn. (supra) had been followed, for the reasons
mentioned above, and apart from that, it was found by the court that
possession of the building was not taken and the record did not indicate
that it was ever taken.
B
145(h). In Karnail Kaur & Ors. v. State of Punjab & Ors.
(2015) 3 SCC 206 the Amendment Ordinance to amend the Act of 2013
came up for consideration. The second proviso to section 24(2) to be
introduced in Act was 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 C
stands, has to be examined. In Karnail Kaur (supra), reliance was
mainly placed upon Shree Balaji Nagar Residential Association (supra),
Pune Municipal Corpn. (supra), Bharat Kumar (supra) and Bimla
Devi (supra), we have already discussed the matter following Pune
Municipal Corporation (supra). Radiance Fincap Pvt. Ltd. & Ors. D
v. Union of India & Ors. (2015) 8 SCC 544 has also been pressed into
service, it considered the second proviso to section 24(2) of the Ordinance
that has lapsed.
145(i). In Working Friends Cooperative House Building
Society Ltd. v. State of Punjab & Ors. (2016) 15 SCC 464 again the E
other decisions based on Pune Municipal Corporation (supra) referred
to above have been followed. In Working Friends Cooperative House
Building Society Ltd. (supra) compensation was not tendered to the
appellant. When compensation was not tendered as per section 31, it
could not be said that it was paid. To that extent there is no dispute with
respect to applicability of section 24(2). Mere deposit in treasury or in F
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. (2016) 16 SCC 258, Pune Municipal Corpn. (supra) has been G
followed and deposit in treasury has been held, referable to section 31(1)
of the Act of 1894 and not under section 31(2). We agree with discussion
made with respect to section 31(1). In view of the discussion made with
respect to the expressions “paid” and “tendered” the decision of Pune
Municipal Corpn. (supra) cannot be said to be laying down the correct H
184 SUPREME COURT REPORTS [2018] 2 S.C.R.

A law. It suffers to that extent from the same malady as it has simply
followed Pune Municipal 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
B
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 force. Thus, it was rightly held by this Court that the
acquisition proceedings would continue but with a rider that the award
C will have to be passed and compensation determined under the provisions
of the 2013 Act. This Court has passed the aforesaid orders in view of
the provisions contained in section 24(1)(a) of the Act of 2013. There is
no dispute with the proposition.
145(l). In Sharma Agro Industries v. State of Haryana & Ors.,
D (2015) 3 SCC 341, decisions of this Court in Pune Municipal 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.
E (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 available.
PRINCIPLE OF ‘PER INCURIAM’:
F
146. The concept of “per incuriam” signifies those decisions
rendered in ignorance or forgetfulness of some inconsistent statutory
provisions, or of some authority binding on the Court concerned. In
order words, the concept means that a given decision is in disregard of
the previous decisions of the Court itself, or that it was rendered in
G ignorance of the terms of an applicable statute or of a rule having the
force of law.
147(a). In practice, per incuriam, is taken to mean per
ignoratium, as observed by this Court in Mamleshwar Prasad v.
Kanahaiya Lal, (1975) 2 SCC 232, thus:
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 185
(DEAD) THR. LRS. [ARUN MISHRA, J.]

“5. A litigant cannot play fast and loose with the Court. His word A
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 B
wider relevance to include the present position. The learned Lord
Justice observed :
“There is a good old-fashioned rule that no one has a right to
conduct himself before a tribunal as if he accepted its
jurisdiction, and then afterwards, when he finds that it has C
decided against him, to turn round and say, “You have no
jurisdiction”.
7. Certainty of the law, consistency of rulings and comity of courts-
all flowering from the same principle-coverage to the conclusion
that a decision once rendered must later bind like cases. We do D
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 E
do not embark on the principle of judgment per incuriam.”
147(b). In A.R. Anutulay v. R.S. Nayak, (1988) 2 SCC 602,
this Court has observed:
“42. It appears that when this Court gave the aforesaid directions F
on 16th February 1984, for the disposal of the case against the
appellant by the High Court, the directions were given oblivious
of the relevant provisions of law and the decision in Anwar Ali
Sarkar’s case (supra). See Halsbury’s Laws of England, 4th End,
Vol. 26, page 297, para 578 and page 300, the relevant notes 8, 11
and 15; Dias on Jurisprudence, 5th Edn., pages 128 and 130; Young G
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
H
186 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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
that account to be demonstrably wrong. See Morelle v. Wakeling
[1955] 1 All E.R. 708. Also, see State of Orissa v. The Titaghur
Paper Mills Co. Ltd. [1985]3SCR26 . We are of the opinion that
B
in view of the clear provisions of Section 7(2) of the Criminal
Law Amendment Act, 1952 and Articles 14 and 21 of the
Constitution, these directions were legally wrong.”
47. In support of the contention that a direction to delete wholly
the impugned direction of this Court be given, reliance was placed
C on Satyadhvan 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.”
D (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’. In practice per in
E curium appears to mean per ignoratium.’ English Courts have
developed this principle in relaxation of the rule of stare decisis.
The ‘quotable in law’ is avoided and ignored if it is rendered, in
ignoratium of a statute or other binding authority’. 1944 1KB 718
Young v. Bristol Aeroplane Ltd.. Same has been accepted,
approved and adopted by this Court while interpreting Article 141
F of the Constitution which embodies the doctrine of precedents as
a matter of law. In Jaisri Sahu v. Rajdewan Dubey AIR (1962)
SC 83 this Court while pointing out the procedure to be followed
when conflicting decisions are placed before a bench extracted a
passed from Halsbury’s Laws of England incorporating one of
G 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:
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 187
(DEAD) THR. LRS. [ARUN MISHRA, J.]

“11. ....A decision should be treated as given per incur am when it A
is given in ignorance of the terms of a statute or of a rule having
the force of a statute......”
147(e). In Narmada Bachao Andolan (III) v. State of Madhya
Pradesh, AIR 2011 SC 1989, this court has observed:
“61. Thus, “per incuriam” are those decisions given in ignorance B
or forgetfulness of some statutory provision or authority binding
on the Court concerned, or a statement of law caused by
inadvertence or conclusion that has been arrived at 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 C
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. D
2010 13 SCC 336 laying down thus:
“17. A coordinate bench cannot comment upon the discretion
exercised or judgment rendered by another coordinate bench of
the same court. The rule of precedent is binding for the reason
that there is a desire to secure uniformity and certainty in law. E
Thus, in judicial administration precedents which enunciate rules
of law form the foundation of the administration of justice under
our system. Therefore, it has always been insisted that the decision
of a coordinate bench must be followed. (Vide: Tribhovandas
Purshottamdas Thakkar v. Ratilal Motilal Patel and Ors. AIR F
1968 SC 372; Sub-Committee of Judicial 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
G
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 than that taken by the earlier bench, the
proper course is for it to refer the matter to a larger bench.” H
188 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 149. It was contended on behalf of the landowners that since the
decisions of Pune Municipal Corporation as well as of Shivraj case
(supra) are of Three Judges bench then propriety requires that the case
should be referred to a Larger Bench. With respect to Shivraj (supra)
it is apparent that no view has been expressed by the Division Bench
making reference itself, as observed that upon reading the decision of
B
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
C reference has rightly observed thus:
“We have considered the views expressed in Sree Balaji Nagar
Residential Association (supra) and Union of India &Ors. v. Shiv
Raj and others (supra). At the outset, we clarify that upon reading
the decision of the three Judge Bench of this Court in Union of
D India and other versus Shiv Raj and others, we do not find any
view of the bench on the question arising, namely, whether the
period during which the award had remained stayed should be
excluded for the purposes of consideration of the provisions of
Section 24(2) of the Act of 2013. Insofar as the decision of the
coordinate bench of this Court in Sree Balaji Nagar
E 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
F having regard to the fact that it is an established principle of law
that the act of the court cannot be understood to cause prejudice
to any of the contesting parties in a litigation which is expressed in
the maxim “actus curiae neminem gravabit”.
150. In Pune Municipal Corporation (supra) the land acquisition
G had been quashed by the High Court in the year 2008. Most of the
special leave petitions were filed in this court in the year 2008. The
High Court has quashed the acquisition proceedings and has directed
restoration of the possession. When the High Court has quashed the
acquisition, 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
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 189
(DEAD) THR. LRS. [ARUN MISHRA, J.]

payment of compensation to the owners or depositing it in the court as A
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 payment of compensation as per provisions contained in section 24(2).
B
The provisions contained in section 24 could not be said to be applicable
after quashing/lapse of the proceedings. Thus, when the provisions of
section 24 were not attracted to the fact situation of the case in Pune
Municipal Corporation (supra), the decision cannot be said to be an
authority on a question which, in fact, did not arise for consideration of
this court. Thus, the decision rendered on a question which was not C
germane to 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 D
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 was no
lapse under section 24(2). There was no question of taking possession
or payment of compensation once the acquisition had been quashed.
This court in Pune Municipal Corporation (supra) had not dwelled E
upon the merit of the decision of the High Court quashing the land
acquisition and has outrightly decided the case on the basis of section
24(2). It obviously had no application to the fact situation of the case.
As such a decision cannot be said to be an authority on the aforesaid.
152. With respect to the decision of this court in Pune Municipal F
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 G
Municipal Corporation case (supra), as such provisions of
section 24(2) of the Act of 2013 could not be said to be
applicable. It was not surviving acquisition then compliance of
section 24(2) by taking possession or by payment of
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190 SUPREME COURT REPORTS [2018] 2 S.C.R.

A compensation for five years or more did not arise as acquisition
had been quashed by the High Court in 2008.
2. It was not held in Pune Municipal Corporation (supra) that
High Court has illegally set aside the acquisition. In case, High
Court had set aside the acquisition in an illegal manner then
B also maxim ‘actus curiae neminum gravabit’ would have
come to the rescue to save acquisition from 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
C 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
D provisions or otherwise by various State Governments were
not placed for consideration before this court in Pune Municipal
Corporation case (supra)
5. Provisions of section 34 prevailing practice of deposit, and
binding decisions thereunder section 34 of the Act of 1894
E were not placed for consideration of this court while deciding
the case.
6. The proviso to section 24(2) was not placed for consideration
which uses different expression ‘deposited’ than ‘paid’ in main
section 24(2) which carry a different meaning.
F 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)
G
and the Benares State Bank Ltd. v. The Commissioner of
Income Tax, Lucknow, (supra) and other decisions were not
placed for consideration.
8. The binding decisions of the court as to the consequence of
non-deposit in Hissar Improvement v. Smt. Rukmani Devi &
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 191
(DEAD) THR. LRS. [ARUN MISHRA, J.]

Anr. (supra), Kishan Das & Ors. v. State of U.P. & Ors. A
(supra) and Seshan & Ors. v. Special Tehsildar & Land
Acquisition Officer, SPICOT, Pudukkottai (supra) etc. were
not placed for consideration while deciding the case.
9. The maxim “nullus commodum capere potest de injuria
sua propria” i.e. no man can take advantage of his own wrong B
of filing litigation and effect 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 C
this regard, the provision of section 77 and 80 relating to
payment and deposit under Act of 2013 which corresponds to
section 31 and 34 were not placed for consideration of this
court while rendering the aforesaid decision.
11. The past practice for more than a century, of deposit in treasury, D
as per rules/ orders and decisions were not placed for
consideration. It was not open to invalidate such deposits made
in treasury without consideration of the provisions, prevailing
practice, and decisions under the Act of 1894.
The decision rendered in Pune Municipal Corporation (supra), E
which is related to Question No.1 and other decisions following, the
view taken in Pune Municipal Corporation (supra) are per incuriam.
The decision in Shree Balaji (supra) cannot be said to be laying down
good law, is overruled and other decisions following the said decision to
the extent they are in conflict with this decision, stand overruled. The
decision in DDA v. Sukhbir Singh (supra) is partially overruled to the F
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 :
G
153. Our answers to the questions are as follows:
Q. No. I :- The word ‘paid’ in section 24 of the Act of 2013 has
the same meaning as ‘tender of payment’ in section 31(1) of the Act of
1894. They carry the same meaning and the expression ‘deposited’ in
section 31(2) is not included in the expressions ‘paid’ in section 24 of the
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192 SUPREME COURT REPORTS [2018] 2 S.C.R.

A Act of 2013 or in ‘tender of payment’ used in section 31(1) of the Act of
1894. The words ‘paid’/tender’ and ‘deposited’ are different expressions
and carry different meanings within their fold.
In section 24(2) of the Act of 2013 in the expression ‘paid,’ it is
not necessary that the amount should be deposited in court as provided
B 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 of 1894 and not lapse of acquisition.
C
Once the amount of compensation has been unconditionally
tendered and it is refused, that would amount to payment and the obligation
under section 31(1) stands discharged and that amounts to discharge of
obligation of payment under section 24(2) of the Act of 2013 also and it
is not open to the person who has refused to accept compensation, to
D urge that since it has not been deposited in court, acquisition has lapsed.
Claimants/landowners after refusal, cannot 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
E 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
F period spent during litigation and when the authorities have been disabled
to act under section 24(2) due to the final or interim order of a court or
otherwise, such period has to be excluded from the period of five years
as provided in section 24(2) of the Act of 2013. There is no conscious
omission in section 24(2) for the exclusion of a period of the interim
order. There was no necessity to insert such a provision. The omission
G does not make any substantial difference as to legal position.
Q. No. V :- The principle of actus curiae neminem gravabit is
applicable including the other common law principles for determining
the questions under section 24 of the Act of 2013. The period covered
by the final/ interim order by which the authorities have been deprived
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 193
(DEAD) THR. LRS.

of taking possession has to be excluded. Section 24(2) has no application A
where Court has quashed acquisition.
The questions referred to are answered accordingly.
MOHAN M. SHANTANAGOUDAR, J. 1. The matter is
referred to our Bench to answer the following questions:
B
I Whether a deposit in the Treasury or with the Collector amounts
to a payment of compensation under Section 24(2) of the Right
to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (hereinafter referred
to as the ‘2013 Act’), especially when the landowners have
refused to accept compensation? (“Question No. 1”) C

II Whether the conscious omission referred to in paragraph 11 of
the judgment in Sree Balaji Nagar Residential Association
v. State of 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 D
of the Court for the purpose of determination of the applicability
of Section 24(2) of the 2013 Act? (“Question No. 2”)
IIIWhether 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 E
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? (“Question No. 3”)
I RE: QUESTION NO. 1
F
2. I agree with the conclusions reached by my learned brothers
on the question referred to us while differing with them on their conclusion
that Pune Municipal Corporation &Anr. v. HarakchandMisirimal
Solanki &Anr., (2014) 3 SCC 183is per incuriam. However, I wish
to place my reasons and views on the subject.
3. This question arises in Civil Appeal No. 20982/17 (Indore G
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:

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194 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 brevity ‘1894 Act’) was issued on
B 23.12.1994. The compensation was deposited by the IDA with the Land
Acquisition Collector. The landowners were informed to collect it, but
they refused and did not take the compensation. Enquiry under section
5A was dispensed with. Declaration under section 6 was published on
17.3.1995 under the 1894 Act. Award was passed by the LAO on
14.03.1997. W.P. No.1182 of 1997 was filed seeking quashing of the
C acquisition proceedings. It was allowed on 28.8.1998 holding that 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.
D 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 04.04.2007 the High Court again directed maintenance of status
E quo. The respondent therein filed an application raising the grounds for
quashing acquisition proceedings under Section 24(2) of the 2013 Act. It
was resisted by the IDA on the ground that the acquisition had been
completed and the amount has been deposited with the Land Acquisition
Collector; that the construction is substantially complete; if it is not
completed in the remaining area, it will cause great hardship to the citizens
F and widening of road was necessary for smooth flow of traffic.
The High Court by an order dated 03.11.2014 held that the
acquisition proceedings had lapsed in view of the decisions of this Court
in Pune Municipal Corporation (supra) and Sree Balaji (supra).
On appeal to this Court, the matter has been referred to this Bench by
G 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 distinction between the words “payment” and “deposit”, and that
the acquisition does not lapse on a failure to “deposit” in Court; this
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 195
(DEAD) THR. LRS. [MOHAN M. SHANTANAGOUDAR, J.]

Court in Pune Municipal Corporation (supra) did not consider certain A
Rules framed by various States under Section 55 of the Land Acquisition
Act, 1894 which direct the deposit of compensation in the accounts of
landowners in the Treasury.
5. On the other hand, it was contended by the learned counsel for
the landowners that a deposit must necessarily be made in Court under B
Section 31(2) of the 1894 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 1894 Act to
deposit the compensation in Court.
C
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) Notwithstanding anything contained in this Act, in any
case of land acquisition proceedings initiated under the Land D
Acquisition Act, 1894, -
a) where no award under section 11 of the said Land Acquisition
Act has been made, then, all provisions of this Act relating
to the determination of compensation shall apply; or
E
b) where an award under said section 11 has been made, then
such proceedings shall continue under the provisions of the
said Land Acquisition Act, as if the said Act has not been
repealed.
(2) Notwithstanding anything contained in sub-section (1), in case
F
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 G
so chooses, shall initiate the proceedings of such land acquisition
afresh in accordance with the provisions of this Act:
Provided that where an award has been made and compensation
in respect of a majority of land holding has not been deposited in
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196 SUPREME COURT REPORTS [2018] 2 S.C.R.

A the account of the beneficiaries, then, all beneficiaries specified
in the notification for acquisition under section 4 of the said Land
Acquisition Act, shall be entitled to compensation in accordance
with the provisions of this Act.”
This Court’s interpretation of Section 24(2) of the 2013 Act has
B proceeded in the past by referring to certain provisions of the 1894 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
C tender payment of the compensation awarded by him to the
persons interested entitled thereto according to the award, and
shall pay it to them unless prevented by some one or more of the
contingencies mentioned in the next sub-section.
(2) If they shall not consent to receive it, or if there be no person
D competent to alienate the land, or if there be any dispute as to the
title to receive the compensation or as to the apportionment of it,
the Collector shall deposit the amount of the compensation in the
Court to which a reference under section 18 would be submitted:
Provided that any person admitted to be interested may receive
E 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
F 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 appropriate Government instead of
G awarding a money compensation in respect of any land, make
any arrangement with a person having a limited interest in such
land, either by the grant of other lands in exchange, the remission
of land-revenue on other lands held under the same title, or in
such other way as may be equitable having regard to the interests
of the parties concerned.
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 197
(DEAD) THR. LRS. [MOHAN M. SHANTANAGOUDAR, J.]

(4) Nothing in the last foregoing sub-section shall be construed to A
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.
32. Investment of money deposited in respect of lands
belonging to person incompetent to alternate. - (1) If any B
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 C
lands 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
(b) if such purchase cannot be effected forthwith, then in such
Government or other approved securities as the Court shall D
think fit;
and shall direct the payment of the interest or other proceeds
arising from such investment to the person or persons who
would for the time being have been entitled to the possession
of the said land, and such moneys shall remain so deposited E
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.
F
(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;
G
(b) the costs of the orders for the payment of the interest or
other proceeds, of the securities upon which such moneys
are for the time being invested, and for the payment out of
Court of the principal of such moneys, and of all proceedings

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198 SUPREME COURT REPORTS [2018] 2 S.C.R.

A relating thereto, except such as may be occasioned by
litigation between adverse claimants.
33. Investment of money deposited in other cases. -When
any money shall have been deposited in Court under this Act for
any cause other than mentioned in the last proceeding section, the
B 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
C thereform as they might have had from the land in respect whereof
such money shall have been deposited or as near thereto as may
be.
34. Payment of interest - When the amount of such
compensation is not paid or deposited on or before taking
D possession of the land, 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
E the date on which possession 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.”

F 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 challenged the acquisition proceedings
under Section 24(2) of the 2013 Act on the ground that the award was
made over five years prior to the commencement of the 2013 Act, and
G that no compensation was paid to the landowners or deposited in Court.
The State contended that as the landowners did not appear on the notified
date to accept compensation and did not file an application for a reference
under Section 18 of the 1894 Act, the State deposited the compensation
amount in the Treasury. The Court, on examining the rival contentions,
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 199
(DEAD) THR. LRS. [MOHAN M. SHANTANAGOUDAR, J.]

interpreted Section 24(2) of the 2013 Act in light of Section 31 of the A
1894 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
B
that the award was made five years or more prior to the commencement
of the 2013 Act). The relevant paragraphs are extracted hereunder,
“17. While enacting Section 24(2), Parliament definitely had in its
view Section 31 of the 1894 Act. From that one thing is clear that
it did not intend to equate the word “paid” to “offered” or
“tendered”. But at the same time, we do not think that by use of C
the word “paid”, Parliament intended receipt of compensation by
the 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 construction
were to be given, then it would amount to ignoring procedure, D
mode and manner of deposit provided in Section 31(2) of the 1894
Act in the event of happening of any of the contingencies
contemplated therein which may prevent the Collector from
making actual payment of compensation. We are of the view,
therefore, that for the purposes of Section 24(2), the compensation
shall be regarded as “paid” if the compensation has been offered E
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) F
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.”
G
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
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200 SUPREME COURT REPORTS [2018] 2 S.C.R.

A interest if the amount is not deposited “in Court” as per Section 31, and
proceeded to conclude as follows,
“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
B into court under Section 34 read with Section 31. Equally, the
liability to pay interest on the excess amount of compensation
determined by the Civil Court under Section 26 over and above
the compensation determined by the Collector/Land Acquisition
Officer under Section 11 subsists until it is deposited into court.
Propriovigore in case of further enhancement of the compensation
C 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…..”
D Pune Municipal Corporation (supra) also relied on Ivo
AgneloSantiamo Fernandes v. Government of Goa, (2011) 11 SCC
506, which interpreted Section 34 of the 1894 Act in light of Prem Nath
(supra) to hold that interest accrues on a deposit in the revenue account
of the State until such compensation amount is deposited in Court. It
E held thus,
“22. In the light of the abovesaid principle, we are of the view that
the contentions of the respondents cannot be accepted. The Act
requires that the interest be deposited in court, and the same has
been upheld in Prem Nath Kapur (supra).
F 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,
G 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 to keep the compensation with itself and
utilizing it cannot possibly be permitted being contrary to the
provisions of the Act and the law laid down in Prem Nath Kapur
(supra). Hence, the judgment of the High Court is clearly erroneous
H and deserves to be set side.”
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 201
(DEAD) THR. LRS. [MOHAN M. SHANTANAGOUDAR, J.]

Pune Municipal Corporation (supra)has been followed in A
several subsequent cases, including the cases of Union of India v. Shiv
Raj, (2014) 6 SCC 564, Karnail Kaur v. State of Punjab, (2015) 3
SCC 206, andRadiance Fincap (P) Ltd. v. Union of India, (2015) 8
SCC 544, wherein it has been held that the acquisition proceedings
lapse when the compensation has been deposited with the Treasury or
B
with the Revenue Department instead of deposited in Court.
8. This Court in Delhi Development Authority v. Sukhbir
Singh, (2016) 16 SCC 258 conducted an incisive analysis of the Punjab
Standing Order No. 28 of 1909, which directs that a deposit should be
made in the Treasury in certain instances (discussed later in Paragraphs
13, 14 and 15). It held that a deposit in the Treasury is meant to satisfy C
Section 31(1), but Section 31(2) cannot be satisfied without a deposit in
Court. If such deposit is not made in Court, the proceedings must
necessarily lapse. The observation of the Court was,
“In any case, such deposit in the treasury is referable only to
Section 31(1) and cannot ever be a substitute for deposit before D
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 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 E
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 F
compensation was subsequently deposited in the Court after 01.01.2014,
i.e., after the commencement of the 2013 Act. However, the Court held
that the acquisition proceedings lapsed, after the coming into force of
the 2013 Act.
10. In fact, this Court in Bharat Kumar v. State of G
Haryana, (2014) 6 SCC 586, applied Section 24(2) of the 2013 Act in
a case where the possession was not taken and compensation had neither
been paid nor deposited before the appropriate forum. It stated as follows,
“7. In our opinion though the award has been passed by the Land
Acquisition Collector, they have not taken the physical possession
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202 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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
B Corporation (supra) to mean that the land owner is not required to
come and receive the payment in cases of compulsory acquisition. It
held as follows,
“5. The contention of the learned counsel appearing for the
respondents is that whoever approached the Haryana Urban
C Development Authority or the competent authority has been paid
compensation and since the appellants failed to approach the
quarters concerned for the compensation, they cannot be granted
any relief. We find this contention difficult to appreciate. When a
land is compulsorily acquired, it is for the requisitioning authority
to make the payment and does not require the landowner to come
D 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
E deposited in Court in terms of Section 31 of the 1894 Act. In this
case before us, the stand of the requisitioning authority, namely,
Haryana Development Authority is that the money is ready with
them and it is for the landowner to come and receive the payment.
This stand is not permissible under the law. It is for the authorities
F concerned to pay the money and take the land and in case there is
any dispute as to whom the money should be paid, then the same
has to be deposited in Court.”
11. Various High Courts have followed Pune Municipal
Corporation (supra). The High Court of Punjab and Haryana in
G Maharana Partap Charitable Trust v. State of Haryana (CWP No.
6860 of 2007) held that Section 24(2) applied even where landowners
have refused to accept compensation.
12. As per Section 24(2) of the 2013 Act, the proceedings lapse in
one of the following situations: (i) when possession is not taken (even if
compensation is paid), or(ii) when compensation is not paid (even if
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 203
(DEAD) THR. LRS. [MOHAN M. SHANTANAGOUDAR, J.]

possession is taken), or (iii) when neither compensation is paid, nor A
possession is taken. This leads me to the issue of how to interpret the
“payment” of compensation: i.e. whether, deposit into the Treasury and
not in the Court, can constitute “payment.”
13. To resolve this issue, it is necessary to first look into the
meanings of “tender”, “deposit” and “payment.” B
A tender is defined in Black’s Law Dictionary (p. 1606) as
follows:
“A valid and sufficient offer of performance; specif., an
unconditional offer of money or performance to satisfy a debt or
obligation.” C

Deposit is defined in Black’s Law Dictionary (p. 504) as follows:
“The act of giving money or other 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.” D
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.” E
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 an offer. It is something which invites and is
communicated to notify acceptance. Broadly stated, the following
are the requisites of a valid tender: F

1. It must be unconditional.
2. Must be made at the proper place.
3. Must conform to the terms of obligation.
G
4. Must be made at the proper time.
5. Must be made in the proper form.
6. The person by whom the tender is made must be able and
willing to perform his obligations.
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204 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 7. There must be reasonable opportunity for inspection.
8. Tender must be 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
B 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 make a consistent enactment of the whole statute. This
C 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 unreasonable result
is not be imputed to a statute if there is some other construction available.
Where, to apply words literally would defeat the obvious intention of the
D legislation and produce a wholly unreasonable result, we must feed
something to the provision so as to achieve the obvious intention and
produce rational construction.
15. The 2013 Act as well as the 1894 Act use “tender”, “payment”,
and “deposit” at different places in the enactments. Section 31(1) of the
E 1894 Act directs that the Collector “…shall tender payment…” and
“…shall pay it to [the beneficiaries] unless prevented by some one or
more of the contingencies mentioned in the next sub-section.” Clearly,
tender and payment are two different terms. However, “payment” has
been treated similarly to “deposit” within Section 24(2) itself, as well as
in other provisions. A plain reading of sub-section 2 of Section 24 of the
F 2013 Act discloses that in case either the physical possession of the land
has not been taken, or the compensation has not been paid, the acquisition
proceedings shall be deemed to have lapsed. However, the proviso to
sub-section 2 of Section 24 emphasizes that after the award is made, if
compensation in respect of majority of the land holdings has not been
G 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
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 205
(DEAD) THR. LRS. [MOHAN M. SHANTANAGOUDAR, J.]

in respect of a majority of the land holdings. The word “deposit” in the A
account of beneficiaries as contained in proviso to section 24(2) of the
2013 Act would mean deposit in the account of beneficiaries in the
Treasury. The proviso does not refer to the word “payment”, as is
referred to in the main provision, i.e., sub-section 2 of Section 24 of the
2013 Act. The proviso to sub-section 2 of Section 24 does not require
B
the State to pay the compensation in respect of minority holdings for
saving acquisition. It would be sufficient if the compensation is 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 C
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 24 along with the proviso
would make it clear that even if the compensation in respect of minority
of the land holdings is deposited in the account of such minority
D
beneficiaries, the acquisition does not lapse. At the most, every land-
loser is entitled to the higher compensation as per the provisions of the
2013 Act. Since the proviso does not refer to the words “payment of
compensation” and as the main provision i.e. sub-section 2 of Section 24
does not refer to the word “deposit”, the only interpretation that is possible
is that, if either deposit is made in the Treasury in the name of minority E
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.
F
16. Section 31 of the 1894 Act is akin to Section 77 of the 2013
Act. Of course, under Section 77 of the 2013 Act, the legislature has
gone a step further and has mandated the Collector to pay the
compensation awarded by him to the persons interested by depositing
the amount in their bank accounts unless prevented by some or more
contingencies provided under sub-section 2. Under Section 80 of the G
2013 Act, which is akin to Section 34 of the 1894 Act, the Collector shall
pay the amount awarded with interest thereon at the rate of 9% or 15%,
as the case may be, in case the amount of such compensation is not paid
or deposited on or before taking possession of the land. Thus, it is clear
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206 SUPREME COURT REPORTS [2018] 2 S.C.R.

A that Section 80 also recognises deposit of compensation as being
equivalent to payment of compensation. Even under Section 34 of the
1894 Act, the land loser will be entitled to compensation with interest at
the rate of 9% or 15%, as the case may be, in case the compensation is
not paid or deposited on or before taking possession of the land. Thus,
the word “deposit” is treated synonymous with the word “payment”.
B
17. However, Section 31 of the 1894 Act states that the Collector
at the first instance shall tender payment of compensation to the persons
interested and pay the compensation to such interested persons unless
prevented by some or more contingencies mentioned in sub-section 2 of
Section 31 of the 1894 Act. Three contingencies are found in sub-
C section 2 of Section 31 wherein the Collector will not pay the
compensation to the 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
D 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-deposit or non-payment of compensation will make State liable
to pay interest as prescribed. In other words, in case the Collector does
not deposit the amount of compensation in Court as contemplated under
E Section 31(2) of the 1894 Act, at the most the persons interested may be
entitled to interest of 9% or 15% as the case may be. Such act of
Collector depositing the amount in the Treasury and such act of Collector
in not depositing the amount in Court as mandated in sub-section 2 of
Section 31 may not result in extreme consequence of lapsing of acquisition.
F 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
G etc. shall be regulated by law made by the Parliament.Article 283(2) of
the Constitution of India mandates that similar matters of the States’
Consolidated funds etc. are to be regulated by law made by the State
Legislatures. States have framed rules pursuant to Article 283(2) of the
Constitution of India as to how the public moneys are to be handled.
Section 55 of the 1894 Act empowers the State to make rules for guidance
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of officers. Pursuant to Article 283(2) of the Constitution of India and A
Section 55 of the 1894 Act, various States, such as, Assam, Bihar, Orissa,
Kerala, West Bengal, Delhi and Punjab have framed rules to govern the
mode of payment of compensation. All of them provide for deposit into
the Treasury in case the landowners are not present to receive the
compensation, along with the notice to such landowners apprising them
B
of such deposits. It appears that the Court in the case of Pune Municipal
Corporation(supra) did not consider such rules passed by the States
that direct the deposit of unclaimed compensation in the Treasury.
Extracts from these rules that permit deposit in the Treasury, along with
the requirement of notice of such deposits are furnished below:
19. The Assam Govt. Notification No.1211-R., dated April 19, C
1932, reads as follows,
“9. In giving notice of the award under Section 12(2) and tendering
payment under section 31(1), to such of the persons interested as
were not present personally or by their representatives when the
award was made, the Collector shall require them to appear D
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, after any further endeavour to E
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 or approved by
Government from time to time. He shall also give notice to the
payees of such deposits, specifying the Treasury in which the F
deposits have been made.”
The Land Acquisition (Bihar & Orissa) Rules, 1894 read as
follows,
“10. In giving notice of the award under Section 12(2) and tendering G
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
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208 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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
B
due and vouched for in the accompanying form (marked E). The
officer shall also give notice to the payees of such deposits, the
Treasury in which the deposits specifying have been made. ..….”
The Uttar Pradesh Rules for the Payment of Compensation for
Land Taken Up Under the Land Acquisition Act I of 1894 read as follows,
C
“6. 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 special officer shall require them to appear
personally or by representatives by a certain date, to receive
D 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
E amounts due to be paid in the Treasury as revenue deposits payable
to the persons to whom they are respectively due, and vouched
for in form E. The officer shall also give notice to the payees of
such deposits, specifying the Treasury in which the deposits have
been made. …….”

F The West Bengal Notification No.29 T.R., dated April 24, 1895
reads as follows:
“10. In giving notice of the award under Section 31(1) to such of
the persons interested as were not present personally or by their
representatives when the award was made, the officer shall require
G 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,
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 209
(DEAD) THR. LRS. [MOHAN M. SHANTANAGOUDAR, J.]

cause the amounts due to be paid into the Treasury as revenue A
deposits payable to the persons to whom they are respectively
due, and vouched for in the accompanying form (not given here).
The officer shall also give notice to the payees of such deposits,
specifying the Treasury in which the deposits have been made.”
The Land Acquisition (Kerala) Rules, 1990 read as follows, B
“13. (2) In case the awardees or their authorised agents fail to
appear and accept the award or fail to apply for a reference to
court under Section 18, the amount due shall be paid into the
treasury as Revenue Deposit payable to the persons to whom it is
respectively due and vouched for in Form E. A notice intimating C
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 D
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 E
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
endeavours to secure their 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 F
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 G
observed that the said Standing Order provides for five modes of payment
of compensation. The last one, namely, the payment of compensation
into the Treasury, is for cases where the landowners fail to appear to
receive their compensation. When such payment is made into the
Treasury, the landowners for whom the deposits are made are required
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210 SUPREME COURT REPORTS [2018] 2 S.C.R.

A to be served with a notice of the deposits as well as the Treasury in
which such deposits are made. The same provision with respect to issuing
of notice to non-appearing landowners is made in the State Rules for
Bihar, Orissa, Assam, West Bengal and Kerala.
21. It is clear that as per these State Rules, payment into the
B 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 with the meaning
C given to Section 24(2) of the 2013 Act and Section 31(2) of the 1894 Act
by this Court in Pune Municipal Corporation (supra). While Pune
Municipal Corporation (supra) held that all unaccepted compensation
must necessarily be deposited in Court for the acquisition to remain valid,
the States have made rules for unaccepted compensation to be deposited
D in the Treasury as revenue deposits. On a combined reading of the two
statutes and the State Rules, it is clear that a deposit in the Treasury is
not made illegal or impermissible. In fact, deposits in the Treasury are
allowed as a valid means of payment by these State Rules. The State
Rules provide for deposits in the Treasury as revenue deposits when the
landowners do not appear on the notified date to collect their
E 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 Court under Section 31
of the 1894 Act must be lodged into the Treasury as a Revenue or Civil
F Court deposit. Rule 1 of Chapter 8-C of the Punjab and Haryana High
Court Rules reads as under:
“1. Money paid into the District Court under section 31 of the
Land Acquisition Act must be lodged into the Treasury as a
Revenue or Civil Court deposit under the rules applicable to such
G deposits, untilits investment as required by section 32 ibid.”
23. Rule 10 of the Uttar Pradesh Rules for the Payment of
Compensation 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
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(according to paragraph 355 of Chapter XV of the Financial Handbook A
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 the Court to credit of Civil Court B
Deposits. The cheques should be accompanied by receipts in
triplicate in form D, duly filled up, of which one will be retained by
the Court for record, and the other two returned duly signed to
the Collector. The amounts deposited in the Court will be charged
off as expenditure in the public works accounts of the Collector,
and the ultimate payments to the persons interested under the C
award shall be arranged for by the Court under the rules for the
payment of 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. D
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(2) only had the effect E
of attracting interest payment as per Section 34 of the 1894 Act.
25. In Hissar Improvement Trust v. Rukmani Devi and Anr.
(1990) Supp. 1 SCC 806, this Court held that where compensation has
not been paid or deposited on time in Court, the Collector is liable to pay
interest to the landowners as per Section 34. It stated thus, F
“5. It cannot be gainsaid that interest is due and payable to the
landowner in the event of the compensation not being paid or
deposited in time in Court. Before taking possession of the land,
the Collector has to pay or deposit the amount awarded, as stated
in Section 31, failing which he is liable to pay interest as provided G
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
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212 SUPREME COURT REPORTS [2018] 2 S.C.R.

A the liability of the Collector in terms of the relevant provisions to
pay the amount awarded, together with interest in the event of
the amount not being paid in time. The liability of the appellant-
Trust arising under its agreement with the Government for payment
in respect of the property acquired is a matter on which we express
no view.”
B
26. In Jogesh Chandra v. Yakub Ali, 29 IC 111 (Cal), where
there was a dispute of title over the land between a landlord and his
alleged tenant, the Collector mistakenly paid the entire land acquisition
compensation amount to the tenant, even though the dispute was apparent
on the face of the record and the compensation should have been deposited
C 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
D of compensation.
27. The case of Damadilal v. Parashram, AIR 1976 SC 2229
: (1976) 4 SCC 855, relied upon by the learned counsel for the IDA in
arguments before the referring Bench, is not relevant to the determination
of the issue at hand as it is a case of tenancy rights and merely reaffirms
E that the payment by cheque is a valid tender.
28. To summarize, it must be emphasized that “payment” of
compensation and “deposit” of compensation have been used to describe
the instance where the State gives landowners their compensation. Both
signify an obligation of the State. As per Section 31(1), compensation
F must be paid 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
G always be the case that persons who do not appear on the appointed
date are refusing to accept compensation. It may also be that such
affected persons had consented to receive compensation, but simply
could not appear or could not be traced for some reason or the other.
There may be thousands of such beneficiaries. In such a case, the
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 213
(DEAD) THR. LRS. [MOHAN M. SHANTANAGOUDAR, J.]

Collector cannot hand over compensation to each beneficiary in person, A
but also cannot keep the money with him. He has to keep it in the Treasury.
In fact, the State Rules have been framed to give notice to the landowners
that their compensation 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
B
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.
29. The objective of directing a deposit of compensation in Court C
in the 1894 Actwas to prevent unnecessary prolongation of the
proceedings, and accumulation of the Collector’s liability to pay interest
under Section 34, when compensation is not paid or deposited on or
before taking possession. The landowners cannot take advantage of
their own act of refusing to receive compensation, and contend that D
compensation has never been paid to them, when it has actually been
deposited in the Treasury. Once the State deposits the money in the
Treasury, it has shown its bona fide intention to go through with the
acquisition and give the beneficiaries their due compensation. In such a
case, it can hardly be punished with a lapse, except that it is liable to pay
interest as prescribed under the Act. Moreover, as discussed in the E
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 compensation in person at the earliest. It is
only reasonable that the Collector be allowed to deposit the compensation
in the accounts of individual claimants in the Treasury, and to inform the F
claimants to get the same released.
30. I am thus of the opinion that from both a legal and a practical
standpoint, a deposit in the accounts of individual landowners in the
Treasury, and informing them about such deposit for getting the same
released in their favour where they do not appear to accept compensation G
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
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214 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 judicial decision) wrongly decided,
B mainly because the judges were ill-informed about the applicable law.The
word “incuria”literally means “carelessness”. A decision is renderedper
incuriamif it is made through some mistake, or under a misapprehension
as to a decision or a dictum of a judge, which is the result of a material
oversight. A decision, judgment or verdict can be renderedper incuriamif
given without considering any provisionin a statute which was not brought
C to the notice of the court or if it 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.
D 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” are those decisions given in ignorance
or forgetfulness of some inconsistent statutory provision or of some
E 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 that account to be demonstrably wrong.”
34. In SiddharamSatlingappaMhetre v. State of
Maharashtra,(2011) 1 SCC 694,this Courtdid not follow the decision
F of co-ordinate Benches which were opposed to the decision of an earlier
Constitution Bench. The doctrine of per incuriam was explained as
follows:
“128. Now we deem it imperative to examine the issue of per
incuriam raised by the learned counsel for the parties. In Young v.
G Bristol Aeroplane Company Limited (1944) All ER 293 the House
of Lords observed that ‘incuria’ literally means ‘carelessness’. In
practice per incuriam appears to mean per ignoratium. English
courts have developed this principle in relaxation of the rule of
stare decisis. The ‘quotable in law’ is avoided and ignored if it is
rendered in ignoratium of a statute or other binding authority. The
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 215
(DEAD) THR. LRS. [MOHAN M. SHANTANAGOUDAR, J.]

same has been accepted, approved and adopted by this court while A
interpreting Article 141 of the Constitution which embodies the
doctrine of precedents as a matter of law.”
35. In my considered opinion, the judgment in Pune Municipal
Corporation (supra) was not rendered per incuriam, as the conclusion
is reached by proceeding in detail on the interpretation of relevant statutory B
provisions. 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 C
to in the case of Pune Municipal Corporation (supra), the discussion
as a whole, if looked into, would make it clear that the Court while
deciding the said judgment, discussed in detail about the failure to deposit
in the Court, so also, about the effect of deposit in Treasury. Hence, in
my considered opinion, merely because the Rules of certain States are D
not considered, the judgment inPune Municipal Corporation (supra)
cannot be termed as per incuriam. In other words, merely because the
Rules are not referred to specifically in the judgment, it cannot be said
that there is non-consideration of the effect of the Rules.
36. I may hasten to add here that in the case of Sukhbir Singh E
(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 F
the first judgment on the issue in question by a three-Judge Bench of this
Court. Hence, it cannot also be concluded that the decision in Pune
Municipal Corporation (supra) is not in consonance with the relevant
line of decisions rendered by this Court earlier.Having gone through the
judgment in Pune Municipal Corporation (supra), it cannot be said
that the said judgment is through want of care or inadvertence. G
38. In view of the discussion made supra, I conclude that I
respectfully differ with the judgment in Pune Municipal Corporation
(supra) and agree with the conclusion reached by my learned brothers.
However, I may not subscribe to the views of my learned brothers that
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216 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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
B 336 this Court observed as under:
“17. A coordinate bench cannot comment upon the discretion
exercised or judgment rendered by another coordinate bench of
the same court. The rule of precedent is binding for the reason
that there is a desire to secure uniformity and certainty in law.
C Thus, in judicial administration precedents which enunciate the
rules of law form the foundation of the administration of justice
under our system. Therefore, it has always been insisted that the
decision of a coordinate bench must be followed. (Vide:
TribhovandasPurshottamdas Thakkar v. Ratilal Motilal Patel. AIR
1968 SC 372, Sub-Committee of Judicial Accountability v Union
D 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
E as has been taken earlier. The earlier decision of the coordinate
Bench is binding upon any latter coordinate Bench deciding the
same or similar issues. If the latter Bench wants to take a different
view that that taken by the earlier Bench, the proper course is for
it to refer the matter to a larger Bench.”
F For this reason, the Question No. 1 may be referred to a larger
bench.
II RE: QUESTION NO. 2 AND QUESTION NO. 3
Since Question No. 2 and Question No. 3 are interrelated, they
are dealt with by me jointly.
G
40. I agree with the conclusions reached by my learned brothers
on the abovementioned questions referred to us, so also that Sree Balaji
(supra) will stand overruled. However, I wish to place my views on the
subject which may be in addition to the views of my brothers.
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INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 217
(DEAD) THR. LRS. [MOHAN M. SHANTANAGOUDAR, J.]

41. These questions arise together in SLP (Civil) No. 10742/08 A
(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 B
establishment of rehabilitation sites. However, additional land of 31.70
hectares was required to extend the Inpun rehabilitation site. Section 4
notification was issued on 07.11.2007 for 17.52 hectares of land, but the
remaining land could not be acquired due to the objections of the land
owners (appellants therein). By an order of the Commissioner on
15.11.2007, permission was granted to the Collector to invoke urgency C
clause under Section 17 of the 1894 Act for 11.04 hectares of land and
the properties thereon. A declaration for this land was issued on
26.11.2007.
The landowners filed writ petitions questioning the acquisition of
the lands. The Single Judge dismissed these writ petitions on 14.01.2008. D
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 E
invocation of the urgency clause. The High Court thus dismissed the
writ appeals. Being aggrieved, the landowners appealed to this Court.
Pending appeal, the 2013 Act came into force.
42. A two-judge bench of this Court on 12.01.2016 referred the
matter to a larger bench, on the abovementioned Question Nos. 2 and 3. F
43. On one hand, it was contended by the learned counsel on
behalf of the landowners that periodof interim stay could not be excluded
from the calculation of the period of five years or more 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 G
omitting it was evident. While it amended other provisions to exclude
stay period, it did not amend Section 24(2) of the 2013 Act.
44. On the other, it was submitted by the learned counsel on behalf
of the State that period of interim stay ought to be excluded from the
calculation of five years under Section 24(2) of the 2013 Act. As it was
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218 SUPREME COURT REPORTS [2018] 2 S.C.R.

A not an intentional omission of the Legislature, the Court could supply
meaning to the provision to make it consistent with the rest of the statute.
45. A two-Judge bench of this Court in Sree Balaji (supra)held
that casus omissus could not be supplied to Section 24(2) of the 2013
Act, as the Legislature has amended other Sections in the same Act to
B exclude period of stay by the Court, while leaving Section 24(2) intact. It
observed as follows:
“11. From a plain reading of Section 24 of the 2013 Act it is clear
that Section 24(2) of the 2013 Act does not exclude any period
during which the land acquisition proceeding might have remained
C stayed on account of stay or injunction granted by any court. In
the same Act, the proviso to Section 19(7) in the context of limitation
for publication of declaration under Section 19(1) and the
Explanation to Section 69(2) for working out the market value of
the land in the context of delay between preliminary notification
under Section 11 and the date of the award, specifically provide
D that the period or periods during which the acquisition proceedings
were held up on account of any stay or injunction by the order of
any court be excluded 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
E 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 the subject elaborately discussed by this
Court in the case of Padma Sundara Rao v. State of T.N. [(2002)
3 SCC 533].
F
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 provided for publishing the declaration
G under Section 6(1) of the Act. To a similar effect was Explanation
to Section 11A 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
H by a court. The plain wordings used by the Legislature are clear
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 219
(DEAD) THR. LRS. [MOHAN M. SHANTANAGOUDAR, J.]

and do not create any ambiguity or conflict. In such a situation, A
the court 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 B
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 run from the date of the Section 4 notification as per clause
(i) of the proviso to Section 6. The reasoning of this Court was as follows,
C
“12. The rival pleas regarding re-writing of statute and casus
omissus need careful consideration. It is well settled principle in
law that the Court cannot read anything into a statutory provision
which is plain and unambiguous. A statute is an edict of the
legislature. The language employed in a statute is the determinative
factor of legislative intent. The first and primary rule of construction D
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 E
of the purposes which lie behind them”. (See Lenigh Valley Coal
Co. v. Yensavage 218 FR 547). The view was reiterated in Union
of India v. Filip Tiago De Gama of Vedem Vasco De Gama (AIR
1990 SC 981).
13. In Dr. R Venkatchalam vs. Dy. Transport Commissioner (1977) F
2 SCC 273 it was observed that Courts must avoid the danger of
apriori determination of the meaning of a provision based on their
own pre-conceived notions of ideological structure or scheme into
which the provision to be interpreted is somewhat fitted. They
are not entitled to usurp legislative function under the disguise of
interpretation. G
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, it is for the legislature to
amend, modify or repeal it, if deemed necessary. [See Rishabh
H
220 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 into it,
as was done in N. Narasimhaiah v. State of Karnataka [(1996) 3
SCC 88]. In State of Karnataka v. D.C. Nanjudaiah[(1996) 10
B
SCC 619], the period was further stretched to have the time period
run from date of service of High Court’s order. Such a view cannot
be 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 Clause (ii) of the proviso to Section 6(1), but
C 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 omissus cannot
D 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
E so that the construction to be put on a particular provision makes
a consistent enactment 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
F 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 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
G construction. [Per Lord Reid in Luke v. I.R.C. (1963 AC 557)
where at p. 577 he also observed: “this is not a new problem,
though our standard of drafting is such that it rarely emerges”.]
16. The plea relating to applicability of the stare decisis principles
is clearly unacceptable. The decision in K ChinnathambiGounder
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 221
(DEAD) THR. LRS. [MOHAN M. SHANTANAGOUDAR, J.]

v. State of Tamil Nadu [AIR 1980 MAD 251]was rendered on A
22.6.1979 i.e. much prior to the amendment by the 1984 Act. If
the Legislature intended to give a new lease of life in those cases
where the declaration under Section 6 is quashed, there is no
reason why it could not have done so by specifically providing for
it. The fact that legislature specifically provided for periods covered
B
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) C
The reasoning in Padma Sundara Rao (supra) regarding casus
omissus was followed verbatim in a catena of cases, including Shiv
Shakti Coop. Housing Society, Nagpur v. Swaraj Developers and
Ors., (2003) 6 SCC 659, Union of India v. Dharamendra Textile
Processors, (2008) 13 SCC 369 and recently inEera through Dr. D
Manjula Krippendorf v. State (Govt. of NCT of Delhi) &Anr, 2017
(8) SCALE 112.
47. In Union of India v. Shiv Raj, (2014) 6 SCC 564 a
Coordinate bench of this Court held that the period of litigation cannot
be excluded, as per a clarification issued by the Government of India. It E
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 F
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 has been clarified as under:
“3. Interpretation of five years period:
“With regard to this issue viz. interpretation of five years’ period G
two situations have been envisaged in cases where the
acquisition has been initiated under the Land Acquisition Act,
1894 viz., (1) parties whose lands have been acquired have
refused to accept the compensation and (2) parties whose lands
have been acquired having just parted with physical possession
H
222 SUPREME COURT REPORTS [2018] 2 S.C.R.

A of the land. However, in both the above situations, as on
1.1.2014, 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
B
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 which are pending and where during pendency, the
situation has remained unchanged with physical possession not
C being handed over or compensation not having been accepted
and the period equals to or exceeds five years.
4. Limitation:
As regards this item relating to the period spent during litigation
would also be accounted for the purpose of determining whether
D the period of five years has to be counted or not, it should be
clarified that it will apply only to cases where awards were passed
under Section 11 of the Land Acquisition Act, 1894, 5 years or
more prior to 1.1.2014 as specified in Section 24(2) of the Act, to
avoid any ambiguity.Since this legislation has been passed with
E the objective of benefiting the land-losers, this interpretation is
consistent with that objective and also added as a matter of
abundant caution that the period spent in litigation challenging an
award cannot be excluded for the purpose of determining whether
the period of five years has elapsed or not. If the possession has
not been taken or compensation has not been paid due to the
F challenge to the land acquisition proceedings, the pendente lite
period will be included to determine the five year period and
including such period if the award was made five years or more
prior to the commencement of the Act, then the said acquisition
proceedings will be deemed to have elapsed and fresh proceedings,
G if so desired, will have to be initiated in accordance with the new
Act.”
26. The objects and reasons of the 2013 Act and particularly Clause
18 thereof fortify the view taken by this Court in the judgments
referred to hereinabove. Clause 18 thereof reads as under:
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 223
(DEAD) THR. LRS. [MOHAN M. SHANTANAGOUDAR, J.]

“18. The benefits under the new law would be available in all A
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 B
has faulted the State for contending that they took possession as that
would be in violation of the interim stay order, but has however held that
acquisition proceedings lapse for not taking possession within 5 years
because of the time lost in the interim order. This decision was followed
in Radiance Fincap(supra).
C
48. Stay period was also not excluded in the case of Karnail
Kaur (supra) wherein a two-Judge bench of this Court relied on the
above discussed cases to reject the contention of the Solicitor General
that the State was being prejudiced. It did so as follows,
“20. The learned Solicitor General has also placed reliance upon D
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 or be deprived of E
their right by the reliance being placed by the landowners upon
Section 24(2) of the 2013 Act due to the interim orders of the
High Court and this Court as they have been in possession of the
acquired land. The above contentions of the learned Solicitor
General cannot be accepted by us as the said principle of law laid F
down by this Court in the above referred case has no application
to the fact situation on hand in view of the clear statement of law
laid down by this Court in the above referred cases after
interpreting the provisions of the 2013 Act and therefore, the
reliance placed upon the said decision is misplaced.
G
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 regarding possession of the land granted by any court. H
224 SUPREME COURT REPORTS [2018] 2 S.C.R.

A It was conclusively held that the Legislature has consciously
omitted to extend the period of five years indicated in Section
24(2) of the 2013 Act, even if the proceedings had been delayed
on account of an order of stay or injunction granted by a court of
law or for any reason.”
B 49. Various High Courts have followed suit, such as the High
Court of Punjab and Haryana in Maharana Partap Charitable Trust
(supra) wherein it held that the principle of “actus curiae
neminemgravabit” has no application to the provisions of Section 24(2)
of the 2013 Act and as per the law laid down by the Supreme Court in
Shiv Raj, Pune Municipal Corporation and Sree Balaji Nagar Residential
C Association, the period of stay granted by the Courts is not to be excluded
for determining the period of 5 years under Section 24(2) of the 2013
Act.
50. In my opinion, all these cases which followed Sree Balaji
(supra) require to be revisited.It is not a wilful decision by the State to
D delay taking possession – it has to abide by the interim orders of the
Court. Interpreting the omission as referred to in paragraph 11 of Sree
Balaji (supra) to mean a default inclusion of periods of stay in the
calculation of 5 years will lead tofar-reaching consequences, namely
that the State is faulted for something that is out of its control. Large
E amounts of public money will go to waste. An omission in the statute to
exclude periods of stay orders should not necessarily mean by 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,
F 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 though the
G acquisition was made in September 1976. Therefore, the appellants
should be compensated by payment of interest @ 12 per cent per
annum. In support of his contention, he placed reliance on the
decision of this Court in Ram Chand v. Union of India (1994) 1
SCC 44 and in particular on paragraph 16 of the judgment. It is
seen that in Ram Chander’s case even after the dismissal of the
H writ petitions by this Court in Aflatoon v. Lt. Governor of Delhi
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 225
(DEAD) THR. LRS. [MOHAN M. SHANTANAGOUDAR, J.]

[(1975) 4 SCC 285], no action was taken by the Land Acquisition A
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
B
notification was issued in September 1976, the writ petitions came
to be filed in the High Court immediately thereafter in 1977 and
obviously further proceedings were stayed. Accordingly, the Land
Acquisition Officer delayed the award. After the dismissal of the
writ petitions, the appellants came to this Court and obtained status
quo. Obviously, the Land Acquisition Officer was not in a position C
to pass the award immediately. Thereafter, it would appear that
he passed the award on 22.3.1983. Section 34 of the Act obligates
the State to pay interest from the date of taking possession under
the unamended Act @ 6 per cent and after the Amendment Act
68 of 1984 at different rates mentioned therein. The liability of the
D
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 E
supplied)
Clearly, stay orders by the Court constrain the State from continuing
with the acquisition proceedings. It may also lead to consequences of
contempt, as in Magnum Promoters (supra). In such a situation, the
legal position on the exclusion or inclusion of the period of stay in Section F
24(2) of the 2013 Act cannot be readily inferred to be against the State
due to the omission of the Legislature.
52. As mentioned supra, Sree Balaji (supra) has ruled that casus
omissus cannot be supplied to the provision in question. The decision in
Sree Balaji (supra) has relied on Padma Sundara Rao (supra). G
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 H
226 SUPREME COURT REPORTS [2018] 2 S.C.R.

A omissus. In the facts of Sree Balaji (supra) as well as in the facts of
the present case, however, there is nothing in the language of Section
24(2) that would defeat the purpose of the Section if the period of interim
stays were excluded. Shiv Raj (supra) does not specifically help the
case of the landowners as it did not consider the question of orders of
stay on the acquisition proceedings.
B
53. As already observed in the previous paragraph, if literal
construction of a particular clause leads to manifestly 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
C 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, or some other cause, a case remains
D to be provided for, it is said to be a casus omissus.
55. I do not see why casus omissus cannot be supplied by the
Court when the parameters for supplying such casus omissus have been
met. There is no bar much less absolute bar on the Court’s jurisdiction to
supply casus omissus. If there is necessity, such omission can be inferred.
E The grammatical and ordinary sense of the words in the statute must be
adhered to unless it would lead to absurdity, repugnance 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
F 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 (12th
G Edn.) at page 33:
Omissions not to be inferred-”It is a corollary to the general
rule of literal construction that nothing is to be added to or
taken from a statute unless there are adequate grounds to justify
the inference that the legislature intended something which it
omitted to express. Lord Mersey said: ‘It is a strong thing to
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 227
(DEAD) THR. LRS. [MOHAN M. SHANTANAGOUDAR, J.]

read into an Act of Parliament words which are not there, and A
in the absence of clear necessity it is a wrong thing to do.’ ‘We
are not entitled,’ said Lords Loreburn L.C., ‘to read words into
an Act of Parliament unless clear reason for it is to be found
within the four corners of the Act itself.’ A case not provided
for in a statute is not to be dealt with merely because there
B
seems no good reason why it should have been omitted, and
the omission in consequence to have been unintentional.”
In regard to the latter principle the following statement of law
appears in Maxwell at page 47:
A statute is to be read as a whole-”It was resolved in the C
case of Lincoln College [(1595) 3 Co. Rep. 58b, at p. 59b]
that the good expositor of an Act of Parliament should ‘make
construction on all the parts together, and not of one part only
by itself.’ Every clause of a statute is to ‘be construed with
reference to the context and other clauses of the Act, so as, as
far as possible, to make a consistent enactment of the whole D
statute.’ (Per Lord Davey in Canada Sugar Refining Co., Ltd.
v. R : 1898 AC 735)”.
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 E
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 put on a particular provision makes F
a consistent enactment 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 G
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.-1968 AC 557 where H
228 SUPREME COURT REPORTS [2018] 2 S.C.R.

A 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 that the Constitution Bench in Padma
Sundara Rao (supra) held that casus omissus may be supplied when
B there is “clear necessity and when reason for it is found in the four
corners of the statute itself”. This means that while casus omissus must
not be readily inferred, “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 put on a particular provision makes a consistent
C 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
D clarified for bringing the meaning of the said provision consistent with
the rest of the Act, if need be, by supplying meaning to such provision. In
the present case, there are many provisions in the 2013 Act which exclude
periods of interim stay, such as Section 19(7) and the Explanation to
Section 69(2) of that Act. It only makes the statute more consistent if
Section 24(2) is read in light of other provisions such as Section 19(7)
E and the Explanation to Section 69(2), which make interim stay orders
exceptions to calculating periods of time under the Act. In this way,
repugnancy and inconsistency with the rest of the statute is avoided.
There is a clear necessity to read the exclusion of interim stay into Section
24(2) of the 2013 Act so as to make its meaning consistent with the rest
F 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
G merges into the final order to be passed in the case and if the writ petition
is ultimately dismissed, the interim order stands nullified automatically.
A party cannot be allowed to take benefit of its own wrongs by getting
an interim order and blame the Court. Ultimately, if the writ petition is
found to be devoid of any merit, the same would be dismissed. In such
a situation, the Court is under an obligation to undo the wrong done to a
H party by the act of the Court. Any undeserved or unfair advantage gained
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 229
(DEAD) THR. LRS. [MOHAN M. SHANTANAGOUDAR, J.]

by the party invoking the jurisdiction of the Court must be neutralized, as A
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
B
any attempt to abuse the legal process must be effectively curbed and
the Court must ensure that there is no wrongful, unauthorised or unjust
gain for anyone by abusing of the process of the Court. No one should
be permitted to use the judicial process for earning undeserved gains for
unjust profits. The Courts’ constant endeavour should be to ensure that
everyone gets just and fair treatment. C
58. “Actus curiae neminemgravabit”, or the principle that an act
of Court cannot prejudice any of the parties, is a settled principle of law.
In A.R. Antulay v. R.S. Nayak and Anr., (1988) 2 SCC 602, by
majority 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 D
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 E
Act, be it the publication of notifications, making of the award, taking
possession of the acquired land, or paying and depositing of compensation.
If the State does not adhere to the stay order, it will be held up for
contempt. In such a situation, it may take months and indeed years before
the matter attains finality, during which the State is prevented from carrying
out the acquisition proceedings. In a given case, it may take five to ten F
years or more before the case passes through the Single Judge of the
High Court, the Division Bench of the High Court, and finally the Supreme
Court, or even sent back to the High Court to be decided afresh on some
point. It may well be years before possession is taken and compensation
is paid to the landowners. As stated earlier, the State is precluded from G
taking possession for no fault of its own.
60. Failing to supply casus omissus will lead to a situation where
the acquisition proceedings will lapse solely to the detriment of the State
due to an act of the party to the litigation and at the intervention of the
Court, namely an order of interim stay. Large amounts of public money H
230 SUPREME COURT REPORTS [2018] 2 S.C.R.

A will go to waste in keeping the proceedings pending. While the Act is
admittedly a beneficial legislation, it cannot be that the landowners cause
a validly initiated acquisition to lapse by filing cases and continuously
delaying acquisition or legal proceedings. Justice must be done to all
parties to litigation. It will not serve the purpose of the enactment if the
State is stopped from completing the acquisition for no mistake of its
B
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)
C of the 2013 Act.
Thus, the period of interim stay must necessarily be excluded for
the purposes of calculation of the time period under Section 24(2) of the
2013 Act.
D 62. It follows then that the absence of a specific amendment by
the Legislature to Section 24(2) does not make a substantial difference
to the legal position on excluding the period of interim stay for the purposes
of calculating five years under Section 24(2) of the 2013 Act. In other
words, the period of five years must necessarily exclude such period of
stay orders.
E
Conclusion:
63. The questions posed by the references stand answered by me
as follows:
I QUESTION NO. 1: The acquisition proceedings do not lapse if the
F 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
G
Municipal Corporation (supra) 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)
H
INDORE DEVELOPMENT AUTHORITY v. SHAILENDRA 231
(DEAD) THR. LRS.

was decided by a bench of three judges. The Registry is directed A
to place the papers before the Hon’ble Chief Justice of India
for appropriate orders.
IIQUESTION NO. 2 AND QUESTION NO. 3: For the aforementioned
reasons, I am unable to persuade myself to agree with Sree
Balaji (supra), and the samestands overruled. Question No. B
2 and Question No. 3 posed by the reference stand answered
as follows:
i The conscious omission referred to in paragraph 11 of the
judgment in Sree Balaji (supra) does not make any substantial
difference to the legal position with regard to the exclusion or C
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.
D
ii The principle of “actus curiae neminemgravabit”, or that the 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. E

ORDER
We unanimously agree to the answers given to all the questions
i.e. Nos.I to V, except to the aspect decided by majority whether Pune
Municipal Corporation & Anr. v. Harakchand Misirimal Solanki, F
2014 (3) SCC 183, is per incuriam or not. As the majority has taken
the view that it is per incuriam, it is declared to be per incuriam. The
questions referred stand answered in terms of majority judgment. Hence,
ordered accordingly.
Mattes may now be listed on 16.2.2018 for orders before an
G
appropriate Bench, subject to the orders of the Hon’ble the Chief Justice
of India.

Devika Gujral Referred questions answered.
H