Case: RAJ KUMAR GANDHI Vs. CHANDIGARH ADMINISTRATION

A notification under section 4 of the Land Acquisition Act, 1894 (for short, the Act) was issued on 31.1.1992. Public purpose mentioned was for the development of residential cum commercial complex in scheme No.3. Declaration under section 6 of the Act was issued on 29.1.1993. The petitioners filed a writ petition on 28.7.2004 questioning the acquisition as well as the award dated 5.3.2003. According to the petitioners it was passed after the lapse of three years of the notification issued under section 6 of the Act after excluding the period of interim stay granted by the court. The acquisition had lapsed. The second ground raised to assail the award was that it was not approved by the appropriate Government but by the Advisor to the Administrator of Union Territory.In the reply filed by the Chandigarh Administration, it was contended that as many as 31 writ petitions were filed challenging the said notifications issued under sections 4 and 6 respectively. In the writ petitions including C.W.P No.2126 of 1993, further land acquisition proceedings were stayed by an interim order dated 24.2.1993. Ultimately these writ petitions were dismissed by the Division Bench on 22.9.1995. Thereafter, yet another writ petition C.W.P. No.4433 of 1996 was filed in which further proceedings stayed till further orders. It was allowed by a short order dated 11.8.1997without noticing the earlier stay of proceedings and the notification under section 4 and declaration under section 6 were quashed. Chandigarh Administration then filed review application which was allowed by a detailed order dated 31.1.2003 and order dated 11.8.1997, allowing writ petition, was recalled. A number of other writ petitions were also filed being C.W.P. No.14804 of 1993, C.W.P. No.14892 of 1998, and C.W.P. No.14903 of 1998. There was a stay of further proceedings but ultimately these were dismissed on 30.9.1998. Another batch of writ petitions being C.W.P. No.10287 of 1997, C.W.P. No.10668 of 1997, C.W.P. No.10676 of 1997, C.W.P. No.10589 of 1997, C.W.P. No.10960 of 1997, C.W.P. No.10661 of 1997, C.W.P. No.12043 of 1997 and C.W.P. No.16715 of 1997 were also filed. There was a stay of further proceedings but ultimately these writ petitions were also dismissed by the Division Bench on 4.8.1998. Thus, there were 43 different writ petitions. Further proceedings remained under stay from 24.2.1993 to 31.1.2003. Thereafter, public notice under section 9 was issued on 6.2.2003 for filing the objections up to 28.2.2003. Public notice to this effect was published in leading newspapers on 8.2.2003 and 9.2.2003. Individual intimations were also sent to all the landowners to file their objections. Thereafter, award was pronounced on 5.3.2003 and again ex parte interim stay had been obtained on 1.3.2005 by mentioning the wrong facts. After excluding the period of stay the award had been pronounced within the period of two years from the date of declaration published under section 6 of the Act. The construction raised was unauthorised and against the provisions of the Periphery Control Act. Therefore, the exemption was not granted. Notifications under section 4 were issued after sanctioning by the Administrator. Thus, there was no illegality in the acquisition.4. The High Court by the impugned judgment and order has opined that considering the various periods of stay mentioned in the order, the award has been passed within a period of 701 days from the date of the declaration issued under section 6 and the decision in Kailash Wati & Ors. v. Union of India, C.W.P. No.11352 of 2004 had been followed in a large number of cases. They were related to the same notification of the very same Pocket or in respect of the other Pockets of the same scheme No.3. Notifications under section 4 with respect to scheme No.3 were issued on the same day so also declaration under section 6 of the Act as there was one common purpose and scheme No.3 was formed for the development of residential-cum-commercial complex, college building, and sports stadium. The decision in Devinder Kumar v. UT Chandigarh – C.W.P. No.14804 of 1998 was rendered on 30.9.1998 and Kailash Wati (supra) was decided on 14.12.2006. File of the award was sent for approval to the Government and was approved by the Advisor.5. This Court has also affirmed the judgment of the High Court in C.W.P. No.10297 of 1997 and C.W.P. No.10580 of 1997 decided on 4.8.1998 in S.L.P. [C] Nos.974-975 of 1999 --- Puran Chand Gupta & Ors. v. Union of India & Ors. which was dismissed on 1.2.1999. In Devinder Kumar (supra) it was held that the moment the court grants stay, it becomes impracticable, if not impossible, to execute the scheme for the land stands notified for acquisition and everything comes to a standstill. It is wholly immaterial whether or not a particular individual had obtained stay qua acquisition of his land or not. The concerned authorities could not have proceeded further to execute the same. The purpose of the scheme could not be achieved if the stay was granted. With respect to land in Pocket Nos.6 and 8, in view of stay granted in any of the notifications/declarations under sections 4 and 6 either pertaining to Pocket No.8 or Pocket No.6. As the writ petitions have been dismissed by the High Court, hence the appeals have been preferred.

Reasoning:
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.