Case: DELHI DEVELOPMENT AUTHORITY Vs. GODFREY PHILLIPS (I) LTD. &amp; ORS

of Mandamus shows that the purchaser is out of possession. Therefore, the condition in Indore Development Authority for lapsing of the acquisition is not satisfied. Therefore, as per the purchaser, the possession has been taken of the part of the land and compensation has been deposited in respect of the remaining land. Thus, the twin conditions as laid down by this Court are not satisfied. 42. Even otherwise, the stand of the appellant is that the possession of the entire land was taken on 14.7.1987 whereas possession of land measuring 12 Bigha 18 Biswa was handed over to it, whereas the possession of the remaining land measuring 15 Bigha 10 Biswa is with the Government of Delhi. Therefore, the purchaser is not entitled to any declaration of lapsing of acquisition proceedings inter alia on the ground that it has purchased the land after vesting of the land with the State and the possession has been taken of the land measuring 28 Bigha 8 Biswa and the compensation has also been deposited in respect of entire land, though the compensation in respect of land admeasuring 12 Bigha 18 Biswa was disbursed. The remaining amount of compensation was with the Land Acquisition Collector. 43. Still further, the purchaser had purchased the property after vesting of the land with the State. In fact, in Manav Dharam Trust, earlier three Judge Bench judgment in M. Venkatesh was not even referred to. The purchaser has no right to claim lapsing of acquisition proceedings in view of the recent larger Bench judgment of this Court reported as Shiv Kumar & Anr. v. Union of India & Ors. (2019) 10 SCC 229 wherein the judgment rendered by two-Judge Bench in Manav Dharam Trust was not found to be a good law. Hence, the purchaser has no right to claim a declaration sought for. It was held as under: 26. In Manav Dharam Trust [State (NCT of Delhi) v. Manav Dharam Trust, (2017) 6 SCC 751 : (2017) 3 SCC (Civ) 611] , even the provisions of the Act of 2013 have not been taken into consideration, which prohibits such transactions in particular provisions of Section 11, including the proviso to Section 24(2). Apart from that, it was not legally permissible to a Division Bench to ignore the decisions of the larger Bench comprising of three Judges and of coordinate Bench. They were not per incuriam and were relevant for deciding the issue of taking possession under the 1894 Act, at the instance of purchaser. In case it wanted to depart from the view taken earlier, it ought to have referred the matter to a larger Bench. It has been ignored that when a purchase is void, then no declaration can be sought on the ground that the land acquisition under the 2013 Act has lapsed due to illegality/irregularity of proceedings of taking possession under the 1894 Act. No declaration can be sought by a purchaser under Section 24 that acquisition has lapsed, effect of which would be to get back the land. They cannot seek declaration that acquisition made under the 1894 Act has lapsed by the challenge to the proceedings of taking possession under the 1894 Act. Such right was not available after the purchase in 2000 and no such right has been provided to the purchasers under the 2013 Act also. Granting a right to question acquisition would be against the public policy and the law which prohibits such transactions; it cannot be given effect to under the guise of subsequent legislation containing similar provisions. Subsequent legislation does not confer any new right to a person based on such void transaction; instead, it includes a provision prohibiting such transactions without permission of the Collector as provided in Section 11(4). 27. Thus, we have to follow the decisions including that of larger Bench mentioned above, laying down the law on the subject, which still holds the field and were wrongly distinguished. The binding value of the decisions of larger and coordinate Benches have been ignored while deciding Manav Dharam Trust case [State (NCT of Delhi) v. Manav Dharam Trust, (2017) 6 SCC 751 : (2017) 3 SCC (Civ) 611] , it was not open to it to take a different view. The decision in Manav Dharam Trust [State (NCT of Delhi) v. Manav Dharam Trust, (2017) 6 SCC 751 : (2017) 3 SCC (Civ) 611] is per incuriam in light of this decision of this Court in Mamleshwar Prasad v. Kanhaiya Lal [Mamleshwar Prasad v. Kanhaiya Lal, (1975) 2 SCC 232] , A.R. Antulay v. R.S. Nayak [A.R. Antulay v. R.S. Nayak, (1988) 2 SCC 602 : 1988 SCC (Cri) 372] , State of U.P. v. Synthetics and Chemicals Ltd. [State of U.P. v. Synthetics and Chemicals Ltd., (1991) 4 SCC 139] , B. Shama Rao v. State (UT of Pondicherry) [B. Shama Rao v. State (UT of Pondicherry), AIR 1967 SC 1480 ] , MCD v. Gurnam Kaur [MCD v. Gurnam Kaur, (1989) 1 SCC 101] , State of M.P. v. Narmada Bachao Andolan [State of M.P. v. Narmada Bachao Andolan, (2011) 7 SCC 639 : (2011) 3 SCC (Civ) 875 : AIR 2011 SC 1989 ] , Hyder Consulting (UK) Ltd. v. State of Orissa [Hyder Consulting (UK) Ltd. v. State of Orissa, (2015) 2 SCC 189 : (2015) 2 SCC (Civ) 38] and Sant Lal Gupta v. Modern Coop. Group Housing Society Ltd. [Sant Lal Gupta v. Modern Coop. Group Housing Society Ltd., (2010) 13 SCC 336 : (2010) 4 SCC (Civ) 904] 28. We hold that Division Bench in Manav Dharam Trust [State (NCT of Delhi) v. Manav Dharam Trust, (2017) 6 SCC 751 : (2017) 3 SCC (Civ) 611] does not lay down the law correctly. Given the several binding precedents which are available and the provisions of the 2013 Act, we cannot follow the decision in Manav Dharam Trust [State (NCT of Delhi) v. Manav Dharam Trust, (2017) 6 SCC 751 : (2017) 3 SCC (Civ) 611] and overrule it.

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

Explanation:
1[ds]29. We do not find any merit in the arguments raised by the learned counsel for the purchaser. The writ petition was filed after the commencement of the 2013 Act on a short question that the acquisition proceedings stand lapsed. This Court in Indore Development Authority has held that twin conditions have to be satisfied before proceedings can be said to be lapsed i.e., possession not taken and/or compensation not paid. This Court examining the question of payment or deposit in the light of the Standing Order No. 28 issued in 1909 by the State of Punjab and as applicable to Delhi also, provided five modes of payment in Paras 74 and 75. It has been held as under:226.Thus, in our opinion, the word paid as used in Section 24(2) does not include within its meaning the word deposited, which has been used in the proviso to Section 24(2). Section 31 of the 1894 Act, deals with the deposit as envisaged in Section 31(2) on being prevented from making the payment even if the amount has been deposited in the treasury under the Rules framed under Section 55 or under the Standing Orders, that would carry the interest as envisaged under Section 34, but acquisition would not lapse on such deposit being made in the treasury. In case amount has been tendered and the landowner has refused to receive it, it cannot be said that the liability arising from non- payment of the amount is that of lapse of acquisition. Interest would follow in such a case also due to non-deposit of the amount. Equally, when the landowner does not accept the amount, but seeks a reference for higher compensation, there can be no question of such individual stating that he was not paid the amount (he was determined to be entitled to by the Collector). In such case, the landowner would be entitled to the compensation determined by the Reference Court.244. The proviso to Section 24(2) of the 2013 Act, intends that the Collector would have sufficient funds to deposit it with respect to the majority of landholdings. In case compensation has not been paid or deposited with respect to majority of landholdings, all the beneficiaries are entitled for higher compensation. In case money has not been deposited with the Land Acquisition Collector or in the treasury or in court with respect to majority of landholdings, the consequence has to follow of higher compensation as per the proviso to Section 24(2) of the 2013 Act. Even otherwise, if deposit in treasury is irregular, then the interest would follow as envisaged under Section 34 of the 1894 Act. Section 24(2) is attracted if acquisition proceeding is not completed within 5 years after the pronouncement of award…………………….. The 2013 Act applies only to the pending proceedings in which possession has not been taken or compensation has not paid and not to a case where proceedings have been concluded long back, Section 24(2) is not a tool to revive those proceedings and to question the validity of taking acquisition proceedings due to which possession in 1960s, 1970s, 1980s were taken, or to question the manner of deposit of amount in the treasury. The 2013 Act never intended revival of such claims. In case such landowners were interested in questioning the proceedings of taking possession or mode of deposit with the treasury, such a challenge was permissible within the time available with them to do so. They cannot wake from deep slumber and raise such claims in order to defeat the acquisition validly made. In our opinion, the law never contemplates—nor permits—misuse much less gross abuse of its provisions to reopen all the acquisitions made after 1984, and it is the duty of the court to examine the details of such claims. There are several litigations before us where landowners, having lost the challenge to the validity of acquisition proceedings and after having sought enhancement of the amount in the reference succeeding in it nevertheless are seeking relief arguing about lapse of acquisition after several rounds of litigation.247. The question which arises whether there is any difference between taking possession under the 1894 Act and the expression physical possession used in Section 24(2). As a matter of fact, what was contemplated under the 1894 Act, by taking the possession meant only physical possession of the land. Taking over the possession under the 2013 Act always amounted to taking over physical possession of the land. When the State Government acquires land and draws up a memorandum of taking possession, that amounts to taking the physical possession of the land. On the large chunk of property or otherwise which is acquired, the Government is not supposed to put some other person or the police force in possession to retain it and start cultivating it till the land is used by it for the purpose for which it has been acquired. The Government is not supposed to start residing or to physically occupy it once possession has been taken by drawing the inquest proceedings for obtaining possession thereof. Thereafter, if any further retaining of land or any re-entry is made on the land or someone starts cultivation on the open land or starts residing in the outhouse, etc. is deemed to be the trespasser on land which is in possession of the State. The possession of trespasser always inures for the benefit of the real owner that is the State Government in the case.30. It was held that under Section 16 of the Act, vesting of title in the Government is complete immediately upon taking of possession, and the acquired land becomes the property of the State under Sections 16 and 17 of the Act without any condition or limitation either as to title or possession. It was held that if once panchnama had been drawn of taking possession, thereafter re-entry or retaining the possession is that of the trespasser. This Court held as under:249. The concept of possession is complex one. It comprises the right to possess and to exclude others, essential is animus possidendi. Possession depends upon the character of the thing which is possessed. If the land is not capable of any use, mere non-user of it does not lead to the inference that the owner is not in possession. The established principle is that the possession follows title. Possession comprises of the control over the property. The element of possession is the physical control or the power over the object and intention or will to exercise the power. Corpus and animus are both necessary and have to co-exist. Possession of the acquired land is taken under the 1894 Act under Section 16 or 17, as the case may be. The Government has a right to acquire the property for public purpose. The stage under Section 16 comes for taking possession after issuance of notification under Section 4(1) and stage of Section 9(1). Under Section 16, vesting is after passing of the award on taking possession and under Section 17 before passing of the award.345. Section 24(2) is sought to be used as an umbrella so as to question the concluded proceedings in which possession has been taken, development has been made, and compensation has been deposited, but may be due to refusal, it has not been collected. The challenge to the acquisition proceedings cannot be made within the parameters of Section 24(2) once panchnama had been drawn of taking possession, thereafter re-entry or retaining the possession is that of the trespasser. The legality of the proceedings cannot be challenged belatedly, and the right to challenge cannot be revived by virtue of the provisions of Section 24(2). Section 24(2) only contemplates lethargy/inaction of the authorities to act for five years or more. It is very easy to lay a claim that physical possession was not taken, with respect to open land. Yet, once vesting takes place, possession is presumed to be that of the owner i.e. the State Government and land has been transferred to the beneficiaries, corporations, authorities, etc. for developmental purposes and third-party interests have intervened. Such challenges cannot be entertained at all under the purview of Section 24(2) as it is not what is remotely contemplated in Section 24(2) of the 2013 Act.31. This Court concluded as under:366.3. The word or used in Section 24(2) between possession and compensation has to be read as nor or as and. The deemed lapse of land acquisition proceedings under Section 24(2) of the 2013 Act takes place where due to inaction of authorities for five years or more prior to commencement of the said Act, the possession of land has not been taken nor compensation has been paid. In other words, in case possession has been taken, compensation has not been paid then there is no lapse. Similarly, if compensation has been paid, possession has not been taken then there is no lapse.366.4. The expression paid in the main part of Section 24(2) of the 2013 Act does not include a deposit of compensation in court. The consequence of non-deposit is provided in the proviso to Section 24(2) in case it has not been deposited with respect to majority of landholdings then all beneficiaries (landowners) as on the date of notification for land acquisition under Section 4 of the 1894 Act shall be entitled to compensation in accordance with the provisions of the 2013 Act. In case the obligation under Section 31 of the Land Acquisition Act, 1894 has not been fulfilled, interest under Section 34 of the said Act can be granted. Non- deposit of compensation (in court) does not result in the lapse of land acquisition proceedings. In case of non-deposit with respect to the majority of holdings for five years or more, compensation under the 2013 Act has to be paid to the landowners as on the date of notification for land acquisition under Section 4 of the 1894 Act.366.5. In case a person has been tendered the compensation as provided under Section 31(1) of the 1894 Act, it is not open to him to claim that acquisition has lapsed under Section 24(2) due to non-payment or non-deposit of compensation in court. The obligation to pay is complete by tendering the amount under Section 31(1). The landowners who had refused to accept compensation or who sought reference for higher compensation, cannot claim that the acquisition proceedings had lapsed under Section 24(2) of the 2013 Act.366.7. The mode of taking possession under the 1894 Act and as contemplated under Section 24(2) is by drawing of inquest report/memorandum. Once award has been passed on taking possession under Section 16 of the 1894 Act, the land vests in State there is no divesting provided under Section 24(2) of the 2013 Act, as once possession has been taken there is no lapse under Section 24(2).366.9. Section 24(2) of the 2013 Act does not give rise to new cause of action to question the legality of concluded proceedings of land acquisition. Section 24 applies to a proceeding pending on the date of enforcement of the 2013 Act i.e. 1-1-2014. It does not revive stale and time-barred claims and does not reopen concluded proceedings nor allow landowners to question the legality of mode of taking possession to reopen proceedings or mode of deposit of compensation in the treasury instead of court to invalidate acquisition.34. In another judgment reported as State of Haryana & Anr. v. Devander Sagar & Ors.(2016) 14 SCC 746,  this Court has held that the acquisition proceedings cannot be quashed of one or two land owners. It is the duty of the land owners to challenge the acquisition proceedings at lease before award is pronounced and possession is taken. It was held as under:11. It would be pertinent to clarify that the quashing of the entire acquisition proceeding has to be explicitly expressed. This Court has in Shyam Nandan Prasad v. State of Bihar [Shyam Nandan Prasad v. State of Bihar, (1993) 4 SCC 255]  , Delhi Admn. v. Gurdip Singh Uban [Delhi Admn. v. Gurdip Singh Uban, (1999) 7 SCC 44]  , Delhi Admn. v. Gurdip Singh Uban [Delhi Admn. v. Gurdip Singh Uban, (2000) 7 SCC 296]  and T.N. Housing Board v. S. Saraswathy [T.N. Housing Board v. S. Saraswathy, (2015) 8 SCC 723  : (2015) 4 SCC (Civ) 443] reiterated and restated the established and consistent view that quashing of acquisition proceedings at the instance of one or two landowners does not have the effect of nullifying the entire acquisition. In A.P. Industrial Infrastructure Corpn. Ltd. v. Chinthamaneni Narasimha Rao [A.P. Industrial Infrastructure Corpn. Ltd. v. Chinthamaneni Narasimha Rao, (2012) 12 SCC 797  : (2013) 2 SCC (Civ) 731] this Court has reiterated the established proposition that landowners who are aggrieved by the acquisition proceedings would have to lay a challenge to them at least before an award is pronounced and possession of the land is taken over by the Government. Numerous decisions of this Court have been discussed obviating the need to analyse all of them once again. However, generally speaking, the courts come to the succour of those who approach it. In some instances, equities are equalised by allowing subsequent slothful petitioners, belatedly and conveniently jumping on the bandwagons, to receive, at the highest, compensation granted to others sans interest.35. The original land owner had filed a writ petition before the Delhi High Court but such writ petition was dismissed on 02.12.1985. The Special Leave Petition was withdrawn on 12.09.1989 even though the reservation was conveyed by the learned counsel appearing for the appellant. Such withdrawal was after the judgment of the High Court in Balbir Singh case. The original land owners have made a conscious decision not to continue with the Special Leave Petitions. Thus, all the objections which were available to the original land owner including the purchaser up to that stage cannot be permitted to be raised again.36. In Balak Ram-II, the acquisition proceedings were quashed since the objections filed by the land owners were not heard or decided in accordance with law. Thus, Balak Ram-II is a judgment in personam and not in rem, as the grievance of the writ petitioners was specific to them. The judgment of the High Court in Balbir Singh is based upon the fact that in Balak Ram-II, the entire notification under Section 6 of the Act stands quashed. Such aspect has not found favor in Abhey Ram and Gurdip Singh Uban-I and II. Otherwise also, non-hearing of objections filed would be limited to those land owners who have filed objections. The predecessor-in-interest of the purchaser has not filed any objections under Section 5A of the Act, therefore, the judgment in Balak Ram-II cannot come to the aid of land owners who have never preferred any objections.37. Therefore, the judgment in Balbir Singh does not confer any right on the other land owners who have not disputed the acquisition proceedings on the ground of lack of effective hearing of objections under Section 5-A of the Act. Since the original land owner never filed any objections under Section 5-A of the Act, the purchaser cannot seek the relief which was not available even to the original land owner.38. The purchaser has purchased the property knowing fully well that the vendor has not disputed the acquisition proceedings. But on the basis of an order passed in Balbir Singh, it was conveyed and accepted by the purchaser, that the acquisition stands quashed and original land owner was in possession of the land. Since Sudan Singh, affirming the order in Balbir Singh has not been approved by this Court in the three judgments referred hereinabove (Abhey Ram, Gurdip Singh Uban-I and Gurdip Singh Uban-II), no right would accrue to the original land owner or the purchaser. The High Court in the impugned order has not noticed any of the three judgments of this Court in Abhey Ram, Gurdip Singh Uban-I and Gurdip Singh Uban-II nullifying the effect of Balbir Singh and instead ordered the purchaser to deposit twice of the amount paid to the original land owner. The condition of payment of compensation in Balbir Singh by the land owners does not survive in view of the fact that such judgment has not been approved by this Court.39. In the present case, as per the purchaser itself, the possession of Part A land comprising in Khasra No. 384 (4-6), 385 (4-6) and 390 (4-6) total measuring 12 Bigha and 18 Biswa was taken by the Appellant and the compensation was paid. The argument is that in terms of the impugned orders of the High Court, the purchaser had deposited Rs.16,61,774/-, therefore, the acquisition stand lapsed. Such deposit is in turn based on the order of the High Court in Balbir Singh. The deposit by the purchaser, either in terms of the impugned order or the order passed in Balbir Singh, is wholly inconsequential. The amount of compensation was paid on behalf of the appellant. Therefore, the compensation of the acquired land paid by the appellant cannot lead to lapsing of the acquisition in terms of Indore Development Authority. The purchaser in its written submissions had made no reference to the later judgments of this Court referred to above. The deposit in terms of the order of the High Court will not lead to lapsing of the acquisition proceedings, such orders being absolutely being illegal. Thus, in respect of Part A land, the purchaser cannot take shelter of the order, which had no legal value and stands nullified. Even otherwise, there could not be any direction to deposit the amount now after more than 25 years. The right which has been lost due to passage of time cannot be revived by virtue of deposit of the amount subsequent to orders of the High Court.40. In respect of Part B land, comprising of Khasra Nos. 376 (4-6), 377 (4-16), 381 Min (1-2), 383 (4-16), 386/1 Min (0-4) and 386/2 Min (0- 6) total 15 Bigha 10 Biswa, the stand of the appellant in the counter affidavit filed before the High Court was that the physical possession of the acquired land falling in khasra no. 384(4-16), 385(4-06) & 390(4-06) in village Shayoorpur had been handed over to the respondent no. 2-Delhi Development Authority on 14.07.87 by the LAC/Land & Building Department, Govt. of National Capital Territory of Delhi, however physical possession of khasra no 386/1 Min. (0-04), 386/2 Min(0-06), 376(4-16), 377 (4-16), 381 Min (1-02), 383(4-16) has not been handed over to the respondent no. 2-Delhi Development Authority by the LAC/Land & Building Department, Govt. of National Capital Territory of Delhi. Still further, the purchaser in its IA had asserted that the lands of which possession has not been taken but compensation amount was placed in RD with LAC, bear Kh. No. 376(4-6), 377(4-16), 381 min. (1-2), 383 (4-16), 386/1 min. (0-4), 386/2 min. (0-6) total measuring 15 Bigha and 10 Biswa of Village Sayoorpur, Delhi. Thus, we find that possession was in fact taken of the entire acquired land and compensation was deposited. If the appellant had not been able to utilize the land on account an order of stay of dispossession in various writ petitions filed, that would not be a material fact to return a finding that the purchaser continues to be in possession. As reiterated above, after the panchnama had been prepared, the possession of the land owners would be that of a trespasser.41. The purchaser had in fact filed a Writ of Mandamus for delivering the possession of the entire acquired land. Such claim of Mandamus shows that the purchaser is out of possession. Therefore, the condition in Indore Development Authority for lapsing of the acquisition is not satisfied. Therefore, as per the purchaser, the possession has been taken of the part of the land and compensation has been deposited in respect of the remaining land. Thus, the twin conditions as laid down by this Court are not satisfied.42. Even otherwise, the stand of the appellant is that the possession of the entire land was taken on 14.7.1987 whereas possession of land measuring 12 Bigha 18 Biswa was handed over to it, whereas the possession of the remaining land measuring 15 Bigha 10 Biswa is with the Government of Delhi.Therefore, the purchaser is not entitled to any declaration of lapsing of acquisition proceedings inter alia on the ground that it has purchased the land after vesting of the land with the State and the possession has been taken of the land measuring 28 Bigha 8 Biswa and the compensation has also been deposited in respect of entire land, though the compensation in respect of land admeasuring 12 Bigha 18 Biswa was disbursed. The remaining amount of compensation was with the Land Acquisition Collector.43. Still further, the purchaser had purchased the property after vesting of the land with the State. In fact, in Manav Dharam Trust, earlier three Judge Bench judgment in M. Venkatesh was not even referred to. The purchaser has no right to claim lapsing of acquisition proceedings in view of the recent larger Bench judgment of this Court reported as Shiv Kumar & Anr. v. Union of India & Ors. (2019) 10 SCC 229  wherein the judgment rendered by two-Judge Bench in Manav Dharam Trust was not found to be a good law. Hence, the purchaser has no right to claim a declaration sought for. It was held as under:26. In Manav Dharam Trust [State (NCT of Delhi) v. Manav Dharam Trust, (2017) 6 SCC 751  : (2017) 3 SCC (Civ) 611] , even the provisions of the Act of 2013 have not been taken into consideration, which prohibits such transactions in particular provisions of Section 11, including the proviso to Section 24(2). Apart from that, it was not legally permissible to a Division Bench to ignore the decisions of the larger Bench comprising of three Judges and of coordinate Bench. They were not per incuriam and were relevant for deciding the issue of taking possession under the 1894 Act, at the instance of purchaser. In case it wanted to depart from the view taken earlier, it ought to have referred the matter to a larger Bench. It has been ignored that when a purchase is void, then no declaration can be sought on the ground that the land acquisition under the 2013 Act has lapsed due to illegality/irregularity of proceedings of taking possession under the 1894 Act. No declaration can be sought by a purchaser under Section 24 that acquisition has lapsed, effect of which would be to get back the land. They cannot seek declaration that acquisition made under the 1894 Act has lapsed by the challenge to the proceedings of taking possession under the 1894 Act. Such right was not available after the purchase in 2000 and no such right has been provided to the purchasers under the 2013 Act also. Granting a right to question acquisition would be against the public policy and the law which prohibits such transactions; it cannot be given effect to under the guise of subsequent legislation containing similar provisions. Subsequent legislation does not confer any new right to a person based on such void transaction; instead, it includes a provision prohibiting such transactions without permission of the Collector as provided in Section 11(4).27. Thus, we have to follow the decisions including that of larger Bench mentioned above, laying down the law on the subject, which still holds the field and were wrongly distinguished. The binding value of the decisions of larger and coordinate Benches have been ignored while deciding Manav Dharam Trust case [State (NCT of Delhi) v. Manav Dharam Trust, (2017) 6 SCC 751  : (2017) 3 SCC (Civ) 611] , it was not open to it to take a different view. The decision in Manav Dharam Trust [State (NCT of Delhi) v. Manav Dharam Trust, (2017) 6 SCC 751  : (2017) 3 SCC (Civ) 611] is per incuriam in light of this decision of this Court in Mamleshwar Prasad v. Kanhaiya Lal [Mamleshwar Prasad v. Kanhaiya Lal, (1975) 2 SCC 232]  , A.R. Antulay v. R.S. Nayak [A.R. Antulay v. R.S. Nayak, (1988) 2 SCC 602  : 1988 SCC (Cri) 372] , State of U.P. v. Synthetics and Chemicals Ltd. [State of U.P. v. Synthetics and Chemicals Ltd., (1991) 4 SCC 139]  , B. Shama Rao v. State (UT of Pondicherry) [B. Shama Rao v. State (UT of Pondicherry), AIR 1967 SC 1480 ] , MCD v. Gurnam Kaur [MCD v. Gurnam Kaur, (1989) 1 SCC 101]  , State of M.P. v. Narmada Bachao Andolan [State of M.P. v. Narmada Bachao Andolan, (2011) 7 SCC 639  : (2011) 3 SCC (Civ) 875 : AIR 2011 SC 1989 ] , Hyder Consulting (UK) Ltd. v. State of Orissa [Hyder Consulting (UK) Ltd. v. State of Orissa, (2015) 2 SCC 189  : (2015) 2 SCC (Civ) 38] and Sant Lal Gupta v. Modern Coop. Group Housing Society Ltd. [Sant Lal Gupta v. Modern Coop. Group Housing Society Ltd., (2010) 13 SCC 336  : (2010) 4 SCC (Civ) 904]28. We hold that Division Bench in Manav Dharam Trust [State (NCT of Delhi) v. Manav Dharam Trust, (2017) 6 SCC 751  : (2017) 3 SCC (Civ) 611] does not lay down the law correctly. Given the several binding precedents which are available and the provisions of the 2013 Act, we cannot follow the decision in Manav Dharam Trust [State (NCT of Delhi) v. Manav Dharam Trust, (2017) 6 SCC 751  : (2017) 3 SCC (Civ) 611] and overrule it.