Case: RAJ KUMAR GANDHI Vs. CHANDIGARH ADMINISTRATION

of the Notification dated May 17, 1984, and, therefore, the Notification under Section 4(1) shall stand lapsed. We find no substance in the contention. Firstly the case would be dismissed on a short ground that though this plea was available to the petitioner, he did not raise the same in the first instance and that, therefore, by operation of Section 11 C.P.C. it operates as constructive res judicata. Under first proviso to Section 6(1), as amended in the Land Acquisition (Amendment) Act 68 of 1984 through Section 6 thereof that (i) no declaration in respect of any particular land covered by a notification under Section 4, Sub-section (1) shall be published after the commencement of the Land Acquisition (Amendment and Validation) Ordinance. 1967. but before the commencement of the Land Acquisition (Amendment) Act, 1984, after the expiry of three years from the date of the publication of the notification or (ii) after the commencement of the Land Acquisition (Amendment) Act, 1984 shall be made after the expiry of one year from the date of the publication of the notification. In other words, under the pre-Amendment Act the declaration under Section 6(1) shall not be published after the expiry of three years from the date of Section 4(1) publication and after the commencement of the Amendment Act, the State has no power to proceed with the mater and publish the declaration under Section 6(1) after the expiry of one year from the date of the publication of the notification. Explanation 1 thereto provides the method or mode of computation of the period referred to in the first proviso, namely, the period during which any action or proceeding be taken in pursuance of the notification issued under Sub-section (1) of Section 4 being stayed by an order of a Court shall be excluded, In other words, the period occupied by the order of stay made by a Court shall be excluded. Admittedly, pending writ petition on both the occasions the High Court granted stay of dispossession. Admittedly, the validity of tenability of the notification issued and published under Section 4(1) is subject of adjudication before the High Court. Till the writ petitions are disposed of or the appeals following its heels, the stay of dispossession was in operation. Though there is no specific direction prohibiting the publication of the declaration under Section 6, no useful purpose would be served by publishing Section 6(1) declaration pending adjudication of the legality of Section 4(1) notification. If any action is taken to pre-empt the proceedings, it would be stigmatised either as undue haste or action to over-reach the Courts judicial process. Therefore, the period during which the order of dispossession granted by the High Court operated, should be excluded in computation of the period of three years covered by Clause (1) of the first proviso to the Land Acquisition Act. When it is so computed, the declaration published on the second occasion is perfectly valid. Under these circumstances, we do not find any justification to quash the notification published under Section 6 dated May 17, 1984. The review petitions are accordingly dismissed. No costs. 16. In the instant case, various notifications and declarations under sections 4 and 6 were issued on the same date with respect to the same scheme. Thus, they were part and parcel of the same scheme. Thus, the submission raised by learned counsel for the appellant stands rejected. 17. The second and the last submission raised by learned counsel for the appellant is that the award had been approved by the Advisor to the Administrator whereas it was required to be approved by the Administrator. In this connection, reliance has been placed upon the Chandigarh (Delegation of Powers) Act, 1987 (Act No.2 of 1988). Section 3 thereof provides that any power, authority or jurisdiction or any duty which the Administrator may exercise or discharge under any law in force in the Union Territory of Chandigarh may be exercised or discharged also by such officer or other authority as may be specified in this behalf by the Central Government or the Administrator by notification in the Official Gazette, and any appeal or application for revision can be transferred for disposal to an officer or other authority competent under sub-section (1) to dispose of the same. Ex post facto authorisation dated 7.12.2015 has also been placed on record given by the Administrator authorising the Advisor and validating/approving awards. As the award was approved by the Advisor to the Administrator under his delegated authority, ex-post facto sanction had been granted by the Administrator to all the awards. 18. Apart from that the question of an award having been approved by the advisor to the Administrator was raised in C.W.P. No.17935 of 2014 – Gagandeep Kang & Ors. v. Union Territory of Chandigarh. The writ petition was dismissed by the High Court and the S.L.P. filed in this Court has also been dismissed by this Court. S.L.P. [C] No.355 of 2015 has also been dismissed along with two other matters by this Court. 19. In view of the various decisions rendered in the same matter which have attained finality, it would not be appropriate to take a different view. Reliance has been placed by learned counsel for the appellant on the decisions of this Court in Surinder Singh Brar & Ors. v. Union of India & Ors. (2013) 1 SCC 403 and Gurbinder Kaur Brar & Anr. v. Union of India & Ors. (2013) 11 SCC 228. In both the cases, the matter was with respect to sanction for land acquisition which was not granted by the appropriate Government i.e., the Administrator. In the instant case, the Advisor had approved the award. Since there is ex- post facto approval and a large number of other matters have already been dismissed, it is not considered appropriate to make interference in this matter on the aforesaid ground, particularly when sanction for acquisition had been granted by the appropriate authority, is not in dispute in the instant matter.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]It is apparent from the notification issued under section 4 and declaration under section 6 that notification under section 4 had been issued for the development of residential-cum-commercial complex and for construction of college building and sports stadium etc. by the Notified Area Committee, Manimajra, Union Territory Chandigarh and declarations under section 6 had also been issued for the aforesaid purpose i.e. Scheme No.3. Though different notification under section 21 and declaration under section 6 had been issued, they are related to scheme No.3 only. Scheme No.3 is one and this aspect has been considered by the High Court in the decisions of Puran Chand Gupta & Ors. (supra) and Devinder Kumar (supra) and the matters have travelled to this Court with respect to same notification and a 3 -Judge Bench of this Court in the case of Puran Chand Gupta & Ors. v. Union of India & Ors., C.A. Nos.663-664 of 2000 decided on 8.8.2001 has observed:The point at issue is covered by the judgment of a Bench of three learned Judges delivered in Yusufbhai Noormohmed Nendoliya vs. State of Gujarat & Anr. (1991 (4) S.C.C. 531). That Judgment has been subsequently followed by several Benches of this court. It has been urged by Mr. R.K. Jain, learned counsel for the appellants, that the view taken therein can be contrary to the interest of the landholder and that, therefore, the Section should be so construed that it refers only to an order of stay obtained by a particular landholder in whose case alone the Explanation would apply. Having regard to the view that has consistently been taken by this court over several years, we are not disposed to take a contrary view and refer the matter to a larger Bench. Accordingly, the civil appeals are dismissed. No order as to costs.10. In Devinder Kumar (supra) also the question about Pocket Nos.8 and 6 was considered and the High Court has held that it would not make any difference in the matter as the scheme was one. Thus, it is apparent that in view of the decision in Puran Chand Gupta (supra) rendered by a 3-Judge Bench of this Court, no case for interference is made out on merits of the case. As the question raised is similar as urged in the aforesaid matter, a large number of matters were decided along with Puran Chand (supra) by the High Court. When the scheme was same i.e. No.3, obviously authorities could not have proceeded further pocket-wise and they were justified not to proceed further in view of the various stay orders granted by the High Court from time to time with respect to different pockets of the scheme No.3.In view of the decision in Puran Chand Gupta (supra) which has dealt with the case by a reasoned order, we do not find it appropriate to interfere on the aforesaid ground urged by learned counsel appearing on behalf of the appellants.Thus, it is apparent that when the stay has been granted in one matter and when the scheme was one, authorities were justified in the facts and circumstances of the instant case to stay their hands. Moreover, a large number of writ petitions have been dismissed by the High Court and orders have attained finality and this Court has also dismissed the appeals/S.L.P.s. Thus, we are not inclined to take a different view in the instant case.13. Learned counsel has also referred to the decision of Government of T.N. & Anr. v. Vasantha Bai (1995) Supp. 2 SCC 423, in which this Court has considered the object of section 11A as delay in passing the award would cause untold hardship and in case the award was not passed within the time limit, the acquisition would lapse. Yusufbhais decision (supra) has been relied upon so also the decision of Singappa v. State of Karnataka (supra). There is no dispute with the proposition laid down in the aforesaid decisions. However, facts of each and every case have to be seen and whether time can be excluded or not, it has also been laid down that the time spent during which there was stay, has to be excluded. Thus, no sustenance can be derived from the aforesaid decision of Vasantha Bai (supra) by the appellants14. Learned counsel has also relied upon Yusufbhai Noormohmed Nendoliya v. State of Gujarat & Anr. (1991) 4 SCC 531     in which this Court has opined that the Explanation to section 11A is in the widest possible terms and there is no warrant for limiting the action or proceedings referred to in the Explanation to actions or proceedings preceding the making of the award under section 11. Therefore, the period of an injunction obtained by the landholder from the High Courttaking possession of the land has to be excluded in computing the period of two years. The decision is of no help to the submission espoused on behalf16. In the instant case, various notifications and declarations under sections 4 and 6 were issued on the same date with respect to the same scheme. Thus, they were part and parcel of the same scheme. Thus, the submission raised by learned counsel for the appellant stands rejected.As the award was approved by the Advisor to the Administrator under his delegated authority, ex-post facto sanction had been granted by the Administrator to all the awards.18. Apart from that the question of an award having been approved by the advisor to the Administrator was raised in C.W.P. No.17935 of 2014 – Gagandeep Kang & Ors. v. Union Territory of Chandigarh. The writ petition was dismissed by the High Court and the S.L.P. filed in this Court has also been dismissed by this Court. S.L.P. [C] No.355 of 2015 has also been dismissed along with two other matters by this Court.In view of the various decisions rendered in the same matter which have attained finality, it would not be appropriate to take a different view. Reliance has been placed by learned counsel for the appellant on the decisions of this Court in Surinder Singh Brar & Ors. v. Union of India & Ors. (2013) 1 SCC 403     and Gurbinder Kaur Brar &Anr. v. Union of India & Ors. (2013) 11 SCC 228.   In both the cases, the matter was with respect to sanction for land acquisition which was not granted by the appropriate Government i.e., the Administrator. In the instant case, the Advisor had approved the award. Since there is ex- post facto approval and a large number of other matters have already been dismissed, it is not considered appropriate to make interference in this matter on the aforesaid ground, particularly when sanction for acquisition had been granted by the appropriate authority, is not in dispute in the instant matter.