As per case facts, Haryana State Industrial And Infrastructure Development Corporation Ltd. and the State of Haryana appealed against High Court judgments declaring land acquisition proceedings lapsed under Section 24(2) ...
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2052 OF 2023
Haryana State Industrial And Infrastructure
Development Corporation Ltd. (HSIIDC) & Others
…Appellant
Versus
M/s Honeywell International (India) Pvt. Ltd.
…Respondent
WITH
CIVIL APPEAL NO. 2126 OF 2023
CIVIL APPEAL NO. 2108 OF 2023
CIVIL APPEAL NO. 2111 OF 2023
CIVIL APPEAL NO. 2097 OF 2023
CIVIL APPEAL NOS. 2135-2136 OF 2023
(Arising out of SLP(Civil) Nos.6260-6261/2023 @
Diary No. 26393/2017)
CIVIL APPEAL NO. 2142 OF 2023
(Arising out of SLP(Civil) No. 6282/2023 @
Diary No. 29328/2017)
CIVIL APPEAL NO. 2139 OF 2023
(Arising out of SLP(Civil) No.6278/2023 @
Diary No. 29500/2017)
CIVIL APPEAL NO. 2140 OF 2023
(Arising out of SLP(Civil) No.6279/2023 @
Diary No. 29503/2017)
CIVIL APPEAL NO. 2144 OF 2023
(Arising out of SLP(Civil) No.6285/2023 @
Civil Appeal No.2052/2023 Etc. Page 1 of 12
Digitally signed by
Neetu Sachdeva
Date: 2023.04.11
16:36:54 IST
Reason:
Signature Not Verified 2023 INSC 353
Diary No. 31241/2017)
CIVIL APPEAL NO. 2146 OF 2023
(Arising out of SLP(Civil) No. 6289/2023 @
Diary No. 31266/2017)
CIVIL APPEAL NO. 2145 OF 2023
(Arising out of SLP(Civil) No.6287/2023 @
Diary No. 31272/2017)
CIVIL APPEAL NO. 2152 OF 2023
(Arising out of SLP(Civil) No. 6301/2023 @
Diary No. 21383/2019)
CIVIL APPEAL NO. 2129 OF 2023
CIVIL APPEAL NO. 2128 OF 2023
CIVIL APPEAL NO. 2130 OF 2023
CIVIL APPEAL NO. 2131 OF 2023
CIVIL APPEAL NO. 2153 OF 2023
(Arising out of SLP(Civil) No. 6302/2023 @
Diary No. 29459/2019)
CIVIL APPEAL NO. 2127 OF 2023
CIVIL APPEAL NO. 2155 OF 2023
(Arising out of SLP(Civil) No. 6304/2023 @
Diary No. 30171/2019)
CIVIL APPEAL NO. 2156 OF 2023
(Arising out of SLP(Civil) No. 6305/2023 @
Diary No. 30697/2019)
CIVIL APPEAL NO. 2154 OF 2023
(Arising out of SLP(Civil) No. 6303/2023 @
Diary No. 31327/2019)
CIVIL APPEAL NO. 2151 OF 2023
(Arising out of SLP(Civil) No.6298/2023 @
Diary No. 33156/2019)
CIVIL APPEAL NO. 2133 OF 2023
CIVIL APPEAL NO. 2134 OF 2023
CIVIL APPEAL NO. 2132 OF 2023
CIVIL APPEAL NO. 2062 OF 2023
CIVIL APPEAL NO. 2063 OF 2023
CIVIL APPEAL NO. 2071 OF 2023
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CIVIL APPEAL NO. 2084 OF 2023
CIVIL APPEAL NO. 2085 OF 2023
CIVIL APPEAL NO. 2086 OF 2023
CIVIL APPEAL NO. 2090 OF 2023
CIVIL APPEAL NO. 2088 OF 2023
CIVIL APPEAL NOS. 2098-2105 OF 2023
CIVIL APPEAL NO. 2137 OF 2023
(Arising out of SLP(Civil) No. 6265/2023 @
Diary No. 22444/2017)
CIVIL APPEAL NO. 2150 OF 2023
(Arising out of SLP(Civil) No. 6293/2023 @
Diary No. 28982/2017)
CIVIL APPEAL NO. 2138 OF 2023
(Arising out of SLP(Civil) No.6276/2023 @
Diary No. 29502/2017)
CIVIL APPEAL NO. 2143 OF 2023
(Arising out of SLP(Civil) No. 6284/2023 @
Diary No. 30833/2017)
CIVIL APPEAL NO. 2119 OF 2023
CIVIL APPEAL NO. 2148 OF 2023
(Arising out of SLP(Civil) No. 6291/2023 @
Diary No. 31247/2017)
CIVIL APPEAL NO. 2147 OF 2023
(Arising out of SLP(Civil) No.6290/2023 @
Diary No. 31257/2017)
CIVIL APPEAL NO. 2118 OF 2023
CIVIL APPEAL NO. 2141 OF 2023
(Arising out of SLP(Civil) No. 6280/2023 @
Diary No. 33385/2017)
CIVIL APPEAL NO. 2124 OF 2023
CIVIL APPEAL NO. 2122 OF 2023
CIVIL APPEAL NOS. 2114-2117 OF 2023
CIVIL APPEAL NO. 2113 OF 2023
CIVIL APPEAL NO. 2123 OF 2023
CIVIL APPEAL NO. 2121 OF 2023
CIVIL APPEAL NO. 2125 OF 2023
Civil Appeal No.2052/2023 Etc. Page 3 of 12
CIVIL APPEAL NO. 2157 OF 2023
(Arising out of SLP(Civil) No. 6306/2023 @
Diary No.10677/2018)
CIVIL APPEAL NO. 2056 OF 2023
CIVIL APPEAL NO. 2059 OF 2023
CIVIL APPEAL NO. 2058 OF 2023
CIVIL APPEAL NO. 2068 OF 2023
CIVIL APPEAL NO. 2073 OF 2023
CIVIL APPEAL NO. 2078 OF 2023
CIVIL APPEAL NO. 2079 OF 2023
CIVIL APPEAL NO. 2065 OF 2023
CIVIL APPEAL NO. 2067 OF 2023
CIVIL APPEAL NO. 2072 OF 2023
CIVIL APPEAL NO. 2077 OF 2023
CIVIL APPEAL NO. 2082 OF 2023
CIVIL APPEAL NO. 2053 OF 2023
CIVIL APPEAL NO. 2055 OF 2023
CIVIL APPEAL NO. 2064 OF 2023
CIVIL APPEAL NO. 2070 OF 2023
CIVIL APPEAL NO. 2057 OF 2023
CIVIL APPEAL NO. 2083 OF 2023
CIVIL APPEAL NO. 2106 OF 2023
CIVIL APPEAL NO. 2094 OF 2023
CIVIL APPEAL NO. 2095 OF 2023
CIVIL APPEAL NO. 2089 OF 2023
CIVIL APPEAL NO. 2092 OF 2023
CIVIL APPEAL NO. 2093 OF 2023
CIVIL APPEAL NO. 2087 OF 2023
CIVIL APPEAL NO. 2091 OF 2023
CIVIL APPEAL NO. 2109 OF 2023
CIVIL APPEAL NO. 2110 OF 2023
CIVIL APPEAL NO. 2112 OF 2023
CIVIL APPEAL NO. 2120 OF 2023
CIVIL APPEAL NO. 2149 OF 2023
(Arising out of SLP(Civil) No.6292/2023 @
Diary No. 31499/2017)
Civil Appeal No.2052/2023 Etc. Page 4 of 12
CIVIL APPEAL NO. 2054 OF 2023
CIVIL APPEAL NO. 2060 OF 2023
CIVIL APPEAL NO. 2074 OF 2023
CIVIL APPEAL NO. 2061 OF 2023
CIVIL APPEAL NO. 2080 OF 2023
CIVIL APPEAL NO. 2081 OF 2023
CIVIL APPEAL NO. 2066 OF 2023
CIVIL APPEAL NO. 2075 OF 2023
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CIVIL APPEAL NO. 2096 OF 2023
CIVIL APPEAL NO. 2069 OF 2023
CIVIL APPEAL NO. 2107 OF 2023
J U D G M E N T
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the
impugned common judgments and orders passed in
C.W.P. No. 4015/2006 and other allied writ petitions, by
which the High Court has declared that the
acquisition/acquisition proceedings with respect to the
respective lands in question has/have lapsed under
Section 24(2) of the Right to Fair Compensation and
Civil Appeal No.2052/2023 Etc. Page 5 of 12
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (hereinafter referred to as the ‘Act
2013’), the Haryana State Industrial and Infrastructure
Development Corporation Limited (for short, ‘HSIIDC’)
and the State of Haryana have preferred the present
appeals. In some of the appeals, challenge is to the
respective judgment(s) and order(s) passed by the High
Court declaring that the acquisition with respect to the
lands in question is deemed to have lapsed under Section
24(2) of the Act, 2013.
2. At the outset, it is required to be noted that the
present group of appeals can be divided into two
categories, namely, (1) before the High Court the
respective original writ petitioners like C.W.P. No.
4015/2006 and other allied writ petitions also challenged
the acquisition proceedings under the Land Acquisition
Act, 1894 (for short, ‘Act, 1894’) on number of grounds,
and (2) the writ petitions which were filed simply for a
declaration that the acquisition with respect to the lands in
question is deemed to have lapsed under Section 24(2) of
the Act, 2013 in which the acquisition under the Act, 1894
was not under challenge.
Civil Appeal Nos. 2052/2023, 2108/2023, 2111/2023,
2097/2023, 2144/2023, 2146/2023, 2145/2023,
Civil Appeal No.2052/2023 Etc. Page 6 of 12
2129/2023, 2153/2023, 2062/2023, 2063/2023,
2071/2023, 2084/2023, 2085/2023, 2086/2023,
2090/2023, 2088/2023, 2148/2023, 2147/2023,
2056/2023, 2059/2023, 2058/2023, 2068/2023,
2073/2023, 2078/2023, 2079/2023, 2065/2023,
2067/2023, 2072/2023, 2077/2023, 2082/2023,
2053/2023, 2055/2023, 2064/2023, 2070/2023,
2057/2023, 2083/2023, 2106/2023, 2094/2023,
2095/2023, 2089/2023, 2092/2023, 2093/2023,
2087/2023, 2091/2023, 2109/2023, 2110/2023,
2054/2023, 2060/2023, 2074/2023, 2061/2023,
2080/2023, 2081/2023, 2066/2023, 2075/2023,
2076/2023, 2096/2023, 2069/2023, 2107/2023,
2126/2023,2140/2023, 2152/2023, 2130/2023,
2131/2023, 2133/2023, 2134/2023, 2132/2023, 2098-
2105/2023, 2150/2023, 2138/2023, 2143/2023,
2119/2023, 2141/2023, 2122/2023, 2114-2117/2023,
2113/2023, 2121/2023, 2157/2023, 2120/2023 &
2149/2023 (total 80 cases)
3. In all these appeals, the issue relates to the first
category, namely, where before the High Court, the
original writ petitioners challenged the
acquisition/acquisition proceedings under the Act, 1894,
which, as such, were filed much prior to the Act, 2013
came into force and submitted the amendment
applications for the relief of deemed lapse of acquisition
under Section 24(2) of the Act, 2013 on the grounds that
neither the possession was taken over nor the
compensation was paid/tendered. Without deciding the
Civil Appeal No.2052/2023 Etc. Page 7 of 12
writ petitions on merits on other grounds, more particularly
the grounds on which the acquisition/acquisition
proceedings under the Act, 1894 were under challenge,
solely relying upon the decision of this Court in the case of
Pune Municipal Corporation v. Harakchand Misirimal
Solanki, reported in (2014) 3 SCC 183, the High Court
has allowed the writ petitions and has declared that the
acquisition with respect to the lands in question is deemed
to have lapsed under Section 24(2) of the Act, 2013.
Civil Appeal Nos.2135-2136/2023, 2142/2023, 2139/2023,
2128/2023, 2127/2023, 2155/2023, 2156/2023,
2154/2023, 2151/2023, 2137/2023, 2118/2023,
2124/2023, 2123/2023, 2125/2023 & 2112/2023 (Total 15
cases)
4. All these appeals fall in other category, namely, in
which the only relief was sought under Section 24(2) of
the Act, 2013 is concerned, the High Court has allowed
the said writ petitions and has declared that the
acquisition with respect to the lands in question is deemed
to have lapsed under Section 24(2) of the Act, 2013,
solely relying upon the decision of this Court in the case of
Pune Municipal Corporation (supra).
5. Insofar as the impugned judgment(s) and order(s)
passed by the High Court declaring that the acquisition
Civil Appeal No.2052/2023 Etc. Page 8 of 12
with respect to the lands in question is deemed to have
lapsed under Section 24(2) of the Act, 2013 is concerned,
in view of the decision of the Constitution Bench in the
case of Indore Development Authority v. Manoharlal &
Others Etc., reported in (2020) 8 SCC 129, in the writ
petitions which were filed only for such relief and which
were filed after the Act, 2013 came into force are
concerned, the impugned judgment(s) and order(s)
passed by the High Court granting the relief under Section
24(2) of the Act, 2013 is/are unsustainable.
In some of the cases, learned counsel appearing on
behalf of the original writ petitioners, whose writ petitions
have been dismissed, have submitted that as the
possession report was not furnished, they disputed that
the actual physical possession in their cases was not
taken over. However, in view of the specific stand taken
by the acquiring body/beneficiary and the law laid down
by this Court in the case of Indore Development
Authority (supra), the submission on behalf of the some
of the original writ petitioners that as the possession
report was not placed on record and therefore actual
possession was not taken over, cannot be accepted.
6. Even the learned counsel appearing on behalf of the
respective original writ petitioners of CWP No. 4015/2006
Civil Appeal No.2052/2023 Etc. Page 9 of 12
and other allied writ petitions – respondents in the civil
appeals arising out of the impugned judgments and orders
passed by the High Court in CWP No. 4015/2006, as
such, have fairly conceded that in view of the law laid
down by this Court in the case of Indore Development
Authority (supra), the impugned judgment(s) and
order(s) passed by the High Court granting relief under
Section 24(2) of the Act, 2013 is/are unsustainable.
However, it is prayed that as the High Court has not
considered the other grounds challenging the
acquisition/acquisition proceedings under the Act, 1894
on merits, though were the subject matter of writ petitions
and has disposed of the writ petitions only on the deemed
lapse under Section 24(2) of the Act, 2013, the matters
are required to be remanded to the High Court to consider
the writ petitions on other grounds, i.e., challenge to the
acquisition/acquisition proceedings under the Act, 1894
on merits. However, the submission on behalf of the
HSIIDC and the State of Haryana that once with respect
to the landowners/writ petitioners, the possession of the
land in question is already taken over and even the
compensation has been paid/deposited, the
acquisition/acquisition proceedings under the Act, 1894
is/are not required to be quashed and set aside.
Civil Appeal No.2052/2023 Etc. Page 10 of 12
However, the said aspect is required to be considered by
the High Court while considering the other issues on
merits, more particularly challenge to the acquisition
proceedings under the Act, 1894.
7. In view of the above and for the reasons stated
above, all the civil appeals as per para 3 of this judgment,
arising out of the impugned common judgments and
orders passed by the High Court of Punjab and Haryana
at Chandigarh in CWP No. 4015/2006 and other allied writ
petitions are allowed. The impugned judgment(s) and
order(s) passed by the High Court declaring that the
acquisition with respect to the lands in question is deemed
to have lapsed under Section 24(2) of the Act, 2013 is/are
hereby quashed and set aside. However, the matters are
remitted back to the High Court to decide and dispose of
the main writ petitions afresh in accordance with law and
on their own merits on other issues except the
applicability of Section 24(2) of the Act, 2013. We request
the High Court to finally decide and dispose of the writ
petitions on remand at the earliest and preferably within a
period of nine months from the date of receipt of the
present order. All contentions and defences which are
available to the respective parties are kept open to be
considered by the High Court in accordance with law and
Civil Appeal No.2052/2023 Etc. Page 11 of 12
on their own merits (except the submission of applicability
of Section 24(2) of the Act, 2013).
8. Insofar as civil appeals mentioned at para 4 of this
judgment are concerned, all these appeals are allowed.
The impugned judgments and orders passed by the High
Court declaring that the acquisition with respect to the
lands in question are deemed to have lapsed under
section 24(2) of the Act, 2013 are hereby quashed and set
aside. There shall not be deemed lapse of acquisition in
those cases also as observed and held by the High Court.
9. The present appeals stand disposed of in terms of
the above.
………………………………J.
[M.R. SHAH]
NEW DELHI; ………………………………J.
APRIL 11, 2023. [C.T. RAVIKUMAR]
Civil Appeal No.2052/2023 Etc. Page 12 of 12
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