VIJAY LATKA & ANR.versusSTATE OF HARYANA & ORS.

                            [2016] 2 S.C.R. 764



A                         VIJAY LATKA & ANR.
                                     v.
                      STATE OF HARYANA & ORS.
                      (Civil Appeal No. 4864 of2016)
B                             'MAYOS, 2016
            [KURIAN JOSEPH AND R. F. NARIMAN, JJ.)
         Land Acquisition Act, I 894 - ss. 4, 6 and II - Land acquisition
    proceedings - Challenged in writ petition - Plea taken that since
C   compensation was not paid, therefore in view of s. 24(2) of 2013
    Act land acquisition proceedings lapsed - Petition dismissed by High
    Court - On appeal, held: Since the landlords have not been paid
    compensation in terms of the award passed, land acquisition
    proceedings are set aside as having been lapsed - Right to Fair
    compensation and Transparency in Land Acquisition, Rehabilitation
D   and Reselflement Act, 2013 - s. 24(2).
        Land Acquisition - Payment of compensation· - Mode of- Held:
    When the land is compulsorily acquired, it is for the Requisitioning
    Authority to make paymelll and does not require the land-owner to
    cvme and receive the paymelll.
E        Allowing the appeal, the Court
         HELD: 1. Under Section 24(2) of the Right to Fai'°
    compensation and Transparency in Land Acquisition,
    Rehabilitation aud Resettlement Act, 2013, where an Award
    under Section 11 of the Land Acquisition Act, 1894 has been
F   pJ1ssed and in case compensation has not been paid to the land
    owner or deposited before the Court in terms of the requirements
    under the 1894 Act, the acquisition proceedings get lapsed, as if
    there is no acquisition. [Para 5[ [766-F)
        2. It cannot be said that since the appellants failed to approach
G   the quarters concerned for the compensation, they cannot be
    granted any relief. When a land is compulsorily acquired, it is for
    the Requisitioning Authority to make the payment and does not
    require the land owner to come and receive the payment. [Para
    6) [766-G-H)
H
                                    764
              VJJAY LATKA v. STATE OF HARYANA                                765



       3. As no compensation has been paid to the appellants in               A
. terms of the Award passed in the year 2005, the appellants are
  entitled to succeed. The proceedings for acquisition of land of
  the appellants and covered by the Notification issued under
  Section 4(1) of the Land Acquisition Act, 1894 and leading to
  the Award referred to above stand set aside as having been lapsed.
                                                                              B
  [Paras 8, 9J 1767-C-DJ
      CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4864 of
 2016.
     From the Judgment and Order dated 01.05.2008 in CWP No.
 4118 of 2006 passed by the High Court of Punjab & Haryana at                 C
 Chandigarh.
     Rajiv K. Garg, Ashish Garg, Vineet Garg, T.L. Garg for the
 Appellants.
    Dinesh Chander Yadav, AAG, M.K. Bansal, A.S. Rishi, Sanjay
 Kumar Visen for the Respondents.                                             D
      The Judgment of the Court was delivered by
      KURIAN, J. I. Leave granted.
      2.The appellants are aggrieved by the judgment dated 01.05.2008
 in Civil Writ Petition No. 4118/2006 of the High Court of Punjab and         E
 Haryana. The writ petition was filed by the appellants challenging
 the Notification dated 11.11.2002 issued under Section 4 of the Land
 Acquisition Act, 1894 (For short' 1894 Act') and the declaration dated
 07.11.2003 and Award dated 3 l.10.2005. The High Court dismissed the
 writ petition on the sole ground that since Award had already been
                                                                               F
                                            .
 passed, the writ petition was not maintainable .
       3. Be that as it may, during the pendency of the writ petition, in
 view of Section 24(2) of the Right to Fair Compensation and
 Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
 2013 (For short '2013 Act') appellants have filed an additional affidavit
 stating therein that the land acquisition proceedings have lapsed as far      G
 as the land of the appellants are concerned. Since according to the
 appellants, the respondent State has neither paid the compensation
 nor taken physical possession of the land, this court directed the State
 to respond to the affidavit. Accordingly, an affidavit dated 19th April,
 2016 has been filed before this Court by the Administrator, Haryana          H
766            SUPREME COURT REPORTS                          [2016] 2 S.C.R.


A     Urban Development Authority. At paragraph 3 of the affidavit, it is
      stated that the award was made on 3 I . I0 .2005 and "that possession of
      the land was taken over on as is where is basis by the Land Acquisition
      Collector on 31. l 0.2005 .. ,.. ''. Whether taking over the possession in
      such a manner wo11ld satisfy the statutory requirement of taking
      physical possession is a question to be addressed.
B
         4. However, since the appellants are otherwise entitled to succeed
   in this case we leave that question open. It is the case of the appellants
   that no compensation in respect of the acquired land has been paid to
   them. Learned counsel for the respondents submits that whoever
C ·approached the Authority, the compensation has been paid. The
   learned counsel also invited our attention to paragraph 8 of the
   affidavit which reads as follows:
              "That as regards the compensation amount for acquired land,
             office of the Land Acquisition Officer, Panchkula has reported
           . that the compensation has not been obtained by 'the petitioners
D            though compensation to the extent ofRs.4,00,93,086/- has already
             been obtained by other land owners who came forward to take
             the compensation. Therefore, there was due offer of
             compensation and the present case does not fall within the meaning
             of provision contained in Section 31 (2) of the Act, 1894."
 E         5. Under Section 24(2) of the 2013 Act, where an Award under
      Section 11 of the 1894 Act has been passed and in case compensation
      has not been paid to the land owner or deposited before the Court in
      terms of the requirements under the 1894 Act, the acquisition
      proceedings get lapsed. In case compensation has not been paid, the
 F    land acquisition proceedings in respect of that acquisition will stand
      lapsed, as if there is no acquisition.
        6. The contention of the learned counsel appearing for the
   respondents is that whoever approached the Haryana Urban
   Development Authority or the competent authority has been paid
G 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 forthe Requisitioning Authority to make the
   payment and does not require the land owner to come and receive the
   payment.,
H
              VIJAY LJ\TKA v. STATE OF HARYANA                                  767
                         [KURIAN, J.]

      7. As and when land is taken over by way of acquisition, the land          A
owner has to be compensated with the amount of compensation duly
determined under the Act. In case there is any dispute as to who is to
be paid the amount, the same is to be deposited in Court in terms of
Section 31 of the 1894 Act. In this case before us, the stand of the
Requisitioning Authority, namely, Haryana Development Authority is
                                                                                 B
that the money is ready with them and it is for the land owner to
come and receive~the payment. This stand is not permissible under
the law. It is for the authorities 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.
      8. As admittedly no compensation has been paid to the appellants           c
in terms of, the above mentioned Award passed in the year 2005,
the appellants are entitled to succeed. Accordingly, the appeal is allowed.
     9. The. proceedings for acquisition offand of the appellants and
covered by the Notification issued under Section 4( I) of the Land
Acquisition Act, 1894 and leading to the Award referred to above stand           D
set aside as having been lapsed.
     10. The learned counsel for the Haryana Urban Development
Authority submits that the land of the appellants has been acquired for
the purpose of development scheme and it comes under the Green Belt.
We make it clear that this judgment would not stand in.the way of the            E
HUDA taking fresh steps for· requisition of the land of the appellants
under the provisions of the 2013 Act.
     11. The appeal is allowed. No costs.
K~lpana K. T~ipatpy                                         Appeal allO\\'ed.
                                                                                 F