GREATER NOIDA IND. DEV. AUTHORITY Vs. SAVITRI MOHAN (D) & ORS

Tags Land Acquisition

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 5372 of 2016, Judgment Date: Jun 29, 2016

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5372 OF 2016
(ARISING OUT OF SLP (CIVIL) NO.9550 of 2015

GREATER NOIDA IND. DEV. AUTHORITY …APPELLANT

VERSUS

SAVITRI MOHAN & ORS. ...RESPONDENTS

J U D G M E N T

ADARSH KUMAR GOEL, J.

1. Leave granted. This appeal has been preferred against judgment and
order dated 30th May, 2012 of the High Court of Judicature at Allahabad in
Civil Miscellaneous Writ Petition No.13109 of 2009 whereby the High Court
allowed the writ petition and set aside the notification dated 12th March,
2008 under Section 4(1) and Section 17(4) of the Land Acquisition Act,
1894 (the Act) and the notification dated 3rd February, 2009 under Section
6 read with Section 17(1) of the 1894 Act.

2. The notified purpose for acquisition of land is ‘planned industrial
development’ of Greater Noida Industrial Development Authority (GNIDA).
Land of the respondents is in Village Chhapruala and is part of larger
area of land acquired falling in many adjoining villages. The Award was
declared on 31st March, 2011.

3. The original petitioners did not receive the compensation as they had
already filed a petition in the High Court on 3rd March, 2009 mainly on the
ground that the urgency clause could not have been invoked so as to deprive
the land owners of their right to file objections. On coming to know of
the proposed acquisition, the respondents made representation dated 11th
April, 2008 stating that they were running an agro based industry and
floriculture for producing hybrid seeds of flowers. Case of the writ
petitioners was that possession was wrongly shown to have been taken on 9th
March, 2009 as interim order was already passed on 5th March, 2009.

4. The writ petitioners relied upon decisions of this Court inter alia
in Anand Singh versus State of U.P.[1], Dev Sharan versus State of U.P.[2],
Radhey Shyam (dead) through Lrs. versus State of U.P.[3], Devendra Kumar
Tyagi & Ors. versus State of U.P.[4], Devendra Singh & Ors. versus State
of U.P. & Ors.[5], Greater Noida Industrial Development Authority versus
Devendra Kumar & Ors.[6], and Darshan Lal Nagpal versus Government of NCT
of Delhi & Ors.[7] in support of their case.

5. The stand of the State is that having regard to immediate need for
development and likelihood of illegal and unauthorized constructions,
invocation of urgency clause was justified. It was submitted that the
power under Article 226 should not be exercised so as to obstruct
development of infrastructure which will serve larger public interest.
Instead, the relief could be moulded so to compensate the writ petitioners.
It was submitted that the land was part and parcel of larger area. In
view of substantial development having taken place, the plea of the writ
petitioners should not be considered in isolation. Reliance was placed on
a Full Bench Judgment of the High Court in Gajraj and others versus State
of U.P. and others.[8] whereby 461 petitions were decided. Acquisition
was upheld but additional compensation of
64.70 per cent was awarded with further direction to allot developed plots
to the extent of 10 per cent of the acquired land subject to maximum of
2500 square meters as against allotment of abadi plots to the extent of 6
per cent. This order was passed having regard to the extent of
development, which had already taken place after the acquisition. The said
judgment also covered land of village Chhapraula as a part of group No.18
(out of 65 groups). While discussing the writ petitions of village
Chhapraula, the Full Bench judgment noted that compensation had already
been disbursed to the extent of 76 per cent.

6. The Division Bench of the High Court, following the decisions of this
Court referred to above, held that power of dispensing inquiry under
Section 5A could be exercised in exceptional situations and not without
real urgency. In the present case, invocation of urgency was not
justified. The judgment of the Full Bench in Gajraj (supra) was
distinguished on the ground that therein the writ petition was filed with
delay of two years and in some cases where there was no delay, the
acquisition had been quashed.

7. GNIDA has challenged the view of the High Court mainly on the ground
that the Division Bench has taken a view contrary to the view taken by the
Full Bench which by now stands affirmed by this Court in Savitri Devi
versus State of Uttar Pradesh[9]. Subject to the moulding of relief as
above, the Full Bench had upheld the acquisition relating to village
Chhapraula covered by the very same notification as in the present case.
It was submitted that large scale development work had already been
executed on the acquired land. 82 per cent land owners had accepted
compensation which covered 76 per cent of the land in terms of the area,
the GNIDA had constructed roads, laid down sewer lines, electric
transmission lines, developed green belts, provided drinking water facility
and other infrastructure. In these circumstances, the impugned judgment
could not be sustained. Learned counsel for the respondents supports the
impugned judgment.

8. We have heard learned counsel for the parties at length and perused
the record including the lay out plan showing Sectors 13 and 16 (Ind.) in
Greater Noida (West).

9. Only question for consideration is whether the matter is covered by
the judgment of this Court in Savitri Devi (supra), as claimed by the
appellant in which case the respondents will be entitled to relief of
higher compensation and allotment of land instead of quashing of
acquisition proceedings.

10. Our attention has been drawn to the relevant part of the full Bench
judgment of the High Court in Gajraj (supra) as follows :

“50. The writ petitions of Group-18 relate to village Chhapraula. In Writ
Petition No.46775 of 2011 (Jai Pal And Others v. State of U.P. and others)
pleadings are complete which is treated as leading writ petition of village
Chhapraula. This writ petition has been filed by 48 tenure holders
challenging the notification dated 12th March, 2008 issued under
Section 4 read with Sections 17(1) and 17(4) of the Act proposing
acquisition of 68.129 hectares land of village Chhapraula. The declaration
under Section 6 of the Act was issued on 3rd February, 2009. The State
Government by Government order dated 8th September, 1997 and 9th February,
2005 has issued specific directions to the acquiring bodies not to include
the land covered by abadi in the acquisition and in case it is utmost
necessary for acquisition displaced person be given comparable land. The
petitioners claim to be in actual possession of the land. It has been
pleaded that it has become fashionable to discriminatingly apply the
provisions of Section 17(4) of the Act in every case of acquisition. The
land has been allotted to private builders whereas the purpose of
acquisition was planned industrial development. In the counter affidavit
filed by the State it has been stated that possession of the land was taken
on 9th March, 2009 and award was declared on 21st March, 2011. Copies of
the possession memo and award have been brought on the record. According to
paragraph 24 of the counter affidavit, the land use of part of Sector Tech
Zone was changed from institutional to residential and similarly land use
of part of Sector Echotech-13 was changed from industrial to institutional
which changes were approved by the Board on 11th February, 2010 and also
the same were approved by the Government on 30th March, 2010. The
compensation has been disbursed to the extent of 76%. An application for
intervention has been filed on behalf of M/s Marion Biotech Private Limited
which claim allotment of land by allotment letter dated 31st March, 2011 of
an area of 10,000 square meters as an industrial plot in Echotech-16. The
applicant claims that 200-300 persons shall be employed in the project.”

11. Operative part of the order is as follows :

“21. ….. In view of the foregoing conclusions we order as follows:

1. The Writ Petition No. 45933 of 2011, Writ Petition No. 47545 of 2011
relating to village Nithari, Writ Petition No. 47522 of 2011 relating to
village Sadarpur, Writ Petition No. 45196 of 2011, Writ Petition No. 45208
of 2011, Writ Petition No. 45211 of 2011, Writ Petition No. 45213 of 2011,
Writ Petition No. 45216 of 2011, Writ Petition No. 45223 of 2011, Writ
Petition No. 45224 of 2011, Writ Petition No. 45226 of 2011, Writ Petition
No. 45229 of 2011, Writ Petition No. 45230 of 2011, Writ Petition No. 45235
of 2011, Writ Petition No. 45238 of 2011, Writ Petition No. 45283 of 2011
relating to village Khoda, Writ Petition No. 46764 of 2011, Writ Petition
No. 46785 of 2011 relating to village Sultanpur, Writ Petition No. 46407 of
2011 relating to village Chaura Sadatpur and Writ Petition No. 46470 of
2011 relating to village Alaverdipur which have been filed with inordinate
delay and laches are dismissed.

2(i). The writ petitions of Group 40 (Village Devla) being Writ Petition
No. 31126 of 2011, Writ Petition No. 59131 of 2009, Writ Petition No. 22800
of 2010, Writ Petition No. 37118 of 2011, Writ Petition No. 42812 of 2009,
Writ Petition No. 50417 of 2009, Writ Petition No. 54424 of 2009, Writ
Petition No. 54652 of 2009, Writ Petition No. 55650 of 2009, Writ Petition
No. 57032 of 2009, Writ Petition No. 58318 of 2009, Writ Petition No. 22798
of 2010, Writ Petition No. 37784 of 2010, Writ Petition No. 37787 of 2010,
Writ Petition No. 31124 of 2011, Writ Petition No. 31125 of 2011, Writ
Petition No. 32234 of 2011, Writ Petition No. 32987 of 2011, Writ Petition
No. 35648 of 2011, Writ Petition No. 38059 of 2011, Writ Petition No. 41339
of 2011, Writ Petition No. 47427 of 2011 and Writ Petition No. 47412 of
2011 are allowed and the notifications dated 26.5.2009 and 22.6.2009 and
all consequential actions are quashed. The Petitioners shall be entitled
for restoration of their land subject to deposit of compensation which they
had received under agreement/award before the authority/Collector.

2(ii). Writ petition No. 17725 of 2010 Omveer and Ors. v. State of U.P.
(Group 38) relating to village Yusufpur Chak Sahberi is allowed.
Notifications dated 10.4.2006 and 6.9.2007 and all consequential actions
are quashed. The Petitioners shall be entitled for restoration of their
land subject to return of compensation received by them under
agreement/award to the Collector.

2(iii). Writ Petition No. 47486 of 2011 (Rajee and Ors. v. State of U.P.
and Ors.) of Group-42 relating to village Asdullapur is allowed. The
notification dated 27.1.2010 and 4.2.2010 as well as all subsequent
proceedings are quashed. The Petitioners shall be entitled to restoration
of their land.

3. All other writ petitions except as mentioned above at (1) and (2) are
disposed of with following directions:

(a) The Petitioners shall be entitled for payment of additional
compensation to the extent of same ratio (i.e. 64.70%) as paid for village
Patwari in addition to the compensation received by them under 1997
Rules/award which payment shall be ensured by the Authority at an early
date. It may be open for Authority to take a decision as to what proportion
of additional compensation be asked to be paid by allottees. Those
Petitioners who have not yet been paid compensation may be paid the
compensation as well as additional compensation as ordered above. The
payment of additional compensation shall be without any prejudice to rights
of land owners Under Section 18 of the Act, if any.

(b) All the Petitioners shall be entitled for allotment of
developed Abadi plot to the extent of 10% of their acquired land subject to
maximum of 2500 square meters. We however, leave it open to the Authority
in cases where allotment of abadi plot to the extent of 6% or 8% have
already been made either to make allotment of the balance of the area or
may compensate the land owners by payment of the amount equivalent to
balance area as per average rate of allotment made of developed residential
plots.

4. The Authority may also take a decision as to whether benefit of
additional compensation and allotment of abadi plot to the extent of 10% be
also given to;

(a) those land holders whose earlier writ petition challenging the
notifications have been dismissed upholding the notifications; and

(b) those land holders who have not come to the Court, relating to the
notifications which are subject matter of challenge in writ petitions
mentioned at direction No. 3.

5. The Greater NOIDA and its allotees are directed not to carry on
development and not to implement the Master Plan 2021 till the observations
and directions of the National Capital Regional Planning Board are
incorporated in Master Plan 2021 to the satisfaction of the National
Capital Regional Planning Board. We make it clear that this direction shall
not be applicable in those cases where the development is being carried on
in accordance with the earlier Master Plan of Greater NOIDA duly approved
by the National Capital Regional Planning Board.

6. We direct the Chief Secretary of the State to appoint officers not below
the level of Principal Secretary (except the officers of Industrial
Development Department who have dealt with the relevant files) to conduct a
thorough inquiry regarding the acts of Greater Noida (a) in proceeding to
implement Master Plan 2021 without approval of N.C.R.P. Board, (b)
decisions taken to change the land use, (c) allotment made to the builders
and (d) indiscriminate proposals for acquisition of land, and thereafter
the State Government shall taken appropriate action in the matter.”

12. Perusal of the above shows that compensation had already been
disbursed to the extent of 76 per cent. Thereafter, for the entire land of
village Chhapraula falling in Group No.18, the relief granted is payment of
additional compensation and allotment of land. As already noted, the part
of the order where relief of quashing of notification has been given is not
of the category of the present case. In these circumstances, we find merit
in the contention raised on the behalf of the appellant that the division
bench was in error in distinguishing the present case from the judgment in
Gajraj (supra).

13. As observed by this Court in Savitri Devi (supra), in spite of the
finding that invocation of urgency clause was uncalled for, the relief of
setting aside the acquisition was not granted having regard to the
development that had already undertaken on substantial part of the land.
However, to balance the equities higher compensation and allotment of land
was ordered to meet the ends of justice.[10]

14. Learned counsel for the respondents vehemently submitted that present
case calls for the relief of quashing the acquisition as in the present
case, the writ petitioners have approached the Court without any delay.

15. This argument cannot be accepted in view of the fact that Full Bench
judgment as upheld by this Court is not based on the extent of delay in
individual cases. Consideration for not granting the relief of quashing
the acquisition is overall development on substantial part of the acquired
land as noted in para 50 of the Full Bench judgment already quoted
hereinabove. Filing of prompt petitions by an individual is not the only
consideration for grant of relief of quashing acquisition when almost
entire land has already been developed. The Full Bench has quashed
acquisition only where substantial part of the land had not been developed.
The category of the judgment where acquisition has not been quashed covers
the entire village where land of the respondents is located.

16. The respondents are, thus, entitled to be treated at par with other
similarly placed persons. They are entitled to the following relief as per
para 48.1 to 48.3 of the judgment of this Court in Savitri Devi (supra):

“ 48.1. Increasing the compensation by 64.7%;

Directing allotment of developed abadi land to the extent of 10% of the
land acquired of each of the landowners;

Compensation which is increased @64.7% is payable immediately without
taking away the rights of the landowners to claim higher compensation under
the machinery provided in the Land Acquisition Act wherein the matter would
be examined on the basis of the evidence produced to arrive at just and
fair market value. ”

17. As earlier noted in para 11 earlier, allotment of 10% of the acquired
land to the concerned land owners is subject to maximum of 2500 sq. meters.

18. In view of the above, we allow this appeal, set aside the impugned
judgment and direct disposal of the writ petitions of the respondents in
terms of the judgment of this Court in Savitri Devi (supra). There will be
no order as to costs.

…………………………………..J.
[ ANIL R. DAVE ]

…………………………………..J.
[ ADARSH KUMAR GOEL ]
NEW DELHI;
JUNE 29 , 2016.

ITEM NO.1A COURT NO.9 SECTION XI
(For Judgment)

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

C.A. No. 5372/2016 @
Petition(s) for Special Leave to Appeal (C) No(s). 9550/2015

(Arising out of impugned final judgment and order dated 30/05/2012 in CMWP
No. 13109/2009 passed by the High Court of Judicature at Allahabad)

GREATER NOIDA IND. DEV. AUTHORITY Petitioner(s)

VERSUS

SAVITRI MOHAN & ORS Respondent(s)

Date : 29/06/2016 This petition was called on for pronouncement of judgment
today.

For Petitioner(s) Mr. Ravindra Kumar,Adv.

For Respondent(s) Mr. Kumar Sivam, Adv.
Mr. Anuradha D. Mishra, Adv.
Mr. Kumar Anurag Singh, Adv.
Mr. D.V. Singh, Adv.
For M/s Anuradha & Associates, Advs.

Hon'ble Mr. Justice Adarsh Kumar Goel pronounced the judgment of the
Bench comprising Hon'ble Mr. Justice Anil R. Dave and His Lordship.
Delay condoned.
Leave granted.
The appeal is allowed in terms of the signed reportable judgment.
There will be no order as to costs.

(Signed reportable judgment is placed on the file)

-----------------------
[1] (2010) 11 SCC 242
[2] (2011) 4 SCC 769
[3] (2011) 5 SCC 553
[4] (2011) 9 SCC 164
[5] (2011) 9 SCC 551
[6] (2011) 12 SCC 375
[7] (2012) 2 SCC 327
[8] (2011) 11 ADJ (1)
[9] (2015) 7 SCC 21
[10] para 17 of the judgment

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GREATER NOIDA IND. DEV. AUTHORITY Vs. SAVITRI MOHAN (D) & ORS - On Land Acquisition.

Supreme Court of India (Division Bench (DB)- Two Judge)